Amuzu Vrs Okukah [1997] GHASC 1 (26 March 1997)

Amuzu Vrs Okukah [1997] GHASC 1 (26 March 1997)

The Land Registry Act, 1962 (Act 122), does not abolish the equitable doctrines of notice and fraud. Registration does not confer an absolute or state-guaranteed title. Where a subsequent purchaser has actual or constructive notice of a prior unregistered interest, registration of his instrument does not give him priority. In this case, the plaintiff had actual notice of the defendant's prior interest and possession, and was complicit in the vendor's fraud. Therefore, the defendant's equitable interest prevails, and the plaintiff's registered title is defeated by notice and fraud.

Citation
[1997] GHASC 1
Parties
Defendant Appellant: Fred Kwashie Dotse (by attorney Col. Andreas Kwaku Amuzu, Retd.); Plaintiff Respondent: Dr & Mrs K. Kwabla Oklikah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
26 March 1997
Procedural Posture
Civil Appeal Land Dispute / Supreme Court Final Appeal
Outcome
Appeal allowed. Judgment of the Court of Appeal and Circuit Court set aside. Plaintiff's claim dismissed. Defendant granted possession and perpetual injunction against the plaintiff.
Legal Topics
Land Registration, Equitable Doctrines, Notice and Fraud, Priority of Instruments, Effect of Registration, Specific Performance
Source Language
English
Land Law Equity Property Law Land Registration Equitable Doctrines Notice and Fraud Priority of Instruments Effect of Registration +1 more

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Parties

Fred Kwashie Dotse (by attorney Col. Andreas Kwaku Amuzu, Retd.)

Defendant Appellant

Dr & Mrs K. Kwabla Oklikah

Plaintiff Respondent

Procedural Posture

Civil Appeal Land Dispute / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the Land Registry Act, 1962 (Act 122) abolishes the equitable doctrines of notice and fraud in land transactions
  2. 2 Whether registration under Act 122 confers state-guaranteed title regardless of notice or fraud
  3. 3 Whether a later registered instrument can have priority over an earlier unregistered instrument when the purchaser had notice of the earlier interest

Ratio Decidendi

The Land Registry Act, 1962 (Act 122), does not abolish the equitable doctrines of notice and fraud. Registration does not confer an absolute or state-guaranteed title. Where a subsequent purchaser has actual or constructive notice of a prior unregistered interest, registration of his instrument does not give him priority. In this case, the plaintiff had actual notice of the defendant's prior interest and possession, and was complicit in the vendor's fraud. Therefore, the defendant's equitable interest prevails, and the plaintiff's registered title is defeated by notice and fraud.

Court Disposition

Appeal allowed. Judgment of the Court of Appeal and Circuit Court set aside. Plaintiff's claim dismissed. Defendant granted possession and perpetual injunction against the plaintiff.

Orders

  • Defendant entitled to possession of the disputed property.
  • Perpetual injunction restraining the plaintiff, his agents, privies and assigns from interfering with the disputed property.