Azim Shaarani -vrs- Rev William Amankwa Sub By Rose Amankwaa [2023] GHACA 25 (19 January 2023)

Azim Shaarani -vrs- Rev William Amankwa Sub By Rose Amankwaa [2023] GHACA 25 (19 January 2023)

The plaintiff's land title certificate and supporting documents were fraudulently obtained in 2013 and backdated to 2006. The defendant had a prior valid grant from the common grantor in 2005. Fraud was established beyond reasonable doubt, vitiating the plaintiff's title. The trial court's findings were supported by the evidence, and the award of damages and costs was not excessive.

Citation
Azim Shaarani -vrs- Rev William Amankwa Sub By Rose Amankwaa [2023] GHACA 25 (19 January 2023)
Parties
Plaintiff/appellant: Azimi Shaarani; Defendant/respondent: Rev. William Amankwaa (substituted by Rev. Mrs. Rose Amankwaa)
Court
ghaca
Jurisdiction
Ghana
Judgment Date
19 January 2023
Procedural Posture
Civil Appeal (land Dispute) / Appeal From High Court (land Division) to Court of Appeal, Accra
Outcome
Appeal dismissed; trial court judgment affirmed.
Legal Topics
Fraudulent Title Registration, Rectification of Land Register, Possession and Title, Damages for Trespass, Nemo Dat Quod Non Habet, Burden of Proof on Appeal
Source Language
eng
Land Law Property Law Civil Procedure Fraudulent Title Registration Rectification of Land Register Possession and Title Damages for Trespass Nemo Dat Quod Non Habet +1 more

Case Brief

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Parties

Azimi Shaarani

Plaintiff/appellant

Rev. William Amankwaa (substituted by Rev. Mrs. Rose Amankwaa)

Defendant/respondent

Procedural Posture

Civil Appeal (land Dispute) / Appeal From High Court (land Division) to Court of Appeal, Accra

Legal Issues

  1. 1 Whether the plaintiff/appellant acquired valid title to the disputed land
  2. 2 Whether the plaintiff's land title certificate was fraudulently obtained
  3. 3 Whether the defendant/respondent proved fraud to the legal standard

Ratio Decidendi

The plaintiff's land title certificate and supporting documents were fraudulently obtained in 2013 and backdated to 2006. The defendant had a prior valid grant from the common grantor in 2005. Fraud was established beyond reasonable doubt, vitiating the plaintiff's title. The trial court's findings were supported by the evidence, and the award of damages and costs was not excessive.

Court Disposition

Appeal dismissed; trial court judgment affirmed.

Orders

  • Plaintiff's land title certificate to be cancelled/expunged from the register.
  • Damages for trespass of GH¢50,000 awarded to defendant/respondent.