153When action may lie against Recorder as nominal defendant

153 When action may lie against Recorder as nominal defendant

(1)  Subject to this Act, a person sustaining loss or damage –

(a) [Section 153 Subsection (1) amended by No. 23 of 2021, s. 129, Applied:01 Jan 2022] through an omission, mistake, or misfeasance of the Recorder or any of the Recorder’s officers in the execution of their duties under this Act; or

(b) [Section 153 Subsection (1) amended by No. 36 of 2012, s. 50, Applied:13 Nov 2012] by the registration of any other person as proprietor of land (except where that other person was registered as proprietor pursuant to section 138D or section 138X ) or by an error, omission, or misdescription in the Register, and –

(i) who is barred by section 149 from bringing an action of ejectment or other action for the recovery of land or an estate or interest in land; or

(ii) to whose claim the remedy by action for damages pursuant to section 152 is inapplicable –

may bring an action against the Recorder as nominal defendant for recovery of damages.

(2)  [Section 153 Subsection (2) amended by No. 23 of 2021, s. 129, Applied:01 Jan 2022] In estimating damages referred to in subsection (1) , the value of buildings and other improvements erected or made subsequent to the loss or deprivation shall be excluded unless they were erected or made in good faith by the claimant or by some person through whom the claimant claims before the claimant or that person, as the case may be, was aware of any defect in the title to the land.