Ntoful & Another Vrs Nyarko & Another [2023] GHACC 364 (16 January 2023)

Ntoful & Another Vrs Nyarko & Another [2023] GHACC 364 (16 January 2023)

The defendants registered the plaintiffs' land due to a mistake in coordinates, admitted the error, and failed to rectify it. The court is empowered to order rectification of the land register in cases of mistake. Plaintiffs failed to prove the full extent of special damages but are entitled to nominal damages, rectification, injunction, and costs.

Citation
[2023] GHACC 364
Parties
Plaintiff: Nana Kwesi Ntoful; Plaintiff: Godfearing Amen Acquah; Defendant: Ebus. Anthony Nyarko; Defendant: Zing Yang International
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
16 January 2023
Procedural Posture
Civil / Judgment After Default of Defence
Outcome
judgment for plaintiffs
Legal Topics
Rectification of Land Register, Damages for Loss of Business, Injunction, Default Judgment
Source Language
English
Land Law Civil Procedure Rectification of Land Register Damages for Loss of Business Injunction Default Judgment

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Parties

Nana Kwesi Ntoful

Plaintiff

Godfearing Amen Acquah

Plaintiff

Ebus. Anthony Nyarko

Defendant

Zing Yang International

Defendant

Procedural Posture

Civil / Judgment After Default of Defence

Legal Issues

  1. 1 Whether the registration of the disputed land in the name of the defendants was a mistake
  2. 2 Whether the plaintiffs are entitled to rectification of the land register
  3. 3 Whether the plaintiffs are entitled to damages for loss of business and income

Ratio Decidendi

The defendants registered the plaintiffs' land due to a mistake in coordinates, admitted the error, and failed to rectify it. The court is empowered to order rectification of the land register in cases of mistake. Plaintiffs failed to prove the full extent of special damages but are entitled to nominal damages, rectification, injunction, and costs.

Court Disposition

judgment for plaintiffs

Orders

  • Lands Registrar to rectify records and register the disputed land in the plaintiffs' name with correct coordinates.
  • Defendants and all claiming under them perpetually injuncted from interfering with the land.