Bobie Vrs 21st Century Construction Co Ltd and Others [2016] GHASC 72 (9 March 2016)

Bobie Vrs 21st Century Construction Co Ltd and Others [2016] GHASC 72 (9 March 2016)

Plaintiff failed to prove fraud as required by law; the orders expunging his registration were not obtained by fraud, and procedural errors or lack of notice did not entitle him to a fresh action to set aside the orders. The High Court lacked jurisdiction to set aside the orders on grounds other than fraud.

Citation
[2016] GHASC 72
Parties
Plaintiff/appellant/appellant: John Kwadwo Bobie; Defendant/respondent/respondent: 21st Century Construction Co. Ltd a.k.a 21st Century Real Estate Ltd; Defendant/respondent/respondent: Obaa Ahema Enterprises Ltd; Defendant/respondent/respondent: Adom Spinning Co. Ltd; Defendant/respondent/respondent: Gelina Packaging Co. Ltd; Defendant/respondent/respondent: Gelina Tropical Co. Ltd; Defendant/respondent/respondent: Kofi Asmah; Defendant/respondent/respondent: The Regional Lands Officer, Lands Commission, Central Region, Cape Coast; Defendant/respondent/respondent: 21st Century Construction Ltd
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
9 March 2016
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Mandamus, Fraud on Judgment, Natural Justice, Land Registration
Source Language
English
Civil Procedure Land Law Judicial Review Mandamus Fraud on Judgment Natural Justice Land Registration

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Parties

John Kwadwo Bobie

Plaintiff/appellant/appellant

21st Century Construction Co. Ltd a.k.a 21st Century Real Estate Ltd

Defendant/respondent/respondent

Obaa Ahema Enterprises Ltd

Defendant/respondent/respondent

Adom Spinning Co. Ltd

Defendant/respondent/respondent

Gelina Packaging Co. Ltd

Defendant/respondent/respondent

Gelina Tropical Co. Ltd

Defendant/respondent/respondent

Kofi Asmah

Defendant/respondent/respondent

The Regional Lands Officer, Lands Commission, Central Region, Cape Coast

Defendant/respondent/respondent

21st Century Construction Ltd

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the orders expunging plaintiff's land registration were procured by fraud
  2. 2 Whether orders made without notice to the plaintiff are null and void
  3. 3 Whether the High Court had jurisdiction to set aside orders on grounds other than fraud

Ratio Decidendi

Plaintiff failed to prove fraud as required by law; the orders expunging his registration were not obtained by fraud, and procedural errors or lack of notice did not entitle him to a fresh action to set aside the orders. The High Court lacked jurisdiction to set aside the orders on grounds other than fraud.

Court Disposition

Appeal dismissed