NII MANTEY SACKEY & ANOR. VRS MADAM DOROTHY JOHNSON (LD/0733/2021) [2024] GHAHC 196 (27 February 2024)

NII MANTEY SACKEY & ANOR. VRS MADAM DOROTHY JOHNSON (LD/0733/2021) [2024] GHAHC 196 (27 February 2024)

The applicant, having violated a court order and acted in bad faith, is not entitled to equitable relief such as a stay of execution. The equities are against the applicant, and the application is dismissed.

Citation
NII MANTEY SACKEY & ANOR. VRS MADAM DOROTHY JOHNSON (LD/0733/2021) [2024] GHAHC 196 (27 February 2024)
Parties
1st Plaintiff: Nii Mantey Sackey; 2nd Plaintiff/judgment Debtor/applicant: Daniel Nii Ardey Tagoe; 2nd Defendant/judgment Creditor/respondent: Madam Dorothy Johnson
Court
ghahc
Jurisdiction
Ghana
Judgment Date
27 February 2024
Procedural Posture
Application for Stay of Execution Pending Appeal / Ruling on Application
Outcome
Application for stay of execution dismissed
Legal Topics
Stay of Execution, Fraudulent Title, Injunction, Clean Hands Doctrine
Source Language
eng
Land Law Equity Civil Procedure Stay of Execution Fraudulent Title Injunction Clean Hands Doctrine

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Parties

Nii Mantey Sackey

1st Plaintiff

Daniel Nii Ardey Tagoe

2nd Plaintiff/judgment Debtor/applicant

Madam Dorothy Johnson

2nd Defendant/judgment Creditor/respondent

Procedural Posture

Application for Stay of Execution Pending Appeal / Ruling on Application

Legal Issues

  1. 1 Whether a beneficiary of a fraudulent document can be deemed an innocent purchaser without notice
  2. 2 Whether the court has jurisdiction to order a land owner to regularize an interest vitiated by fraud
  3. 3 Whether a court has jurisdiction to determine consideration payable in respect of a lease

Ratio Decidendi

The applicant, having violated a court order and acted in bad faith, is not entitled to equitable relief such as a stay of execution. The equities are against the applicant, and the application is dismissed.

Court Disposition

Application for stay of execution dismissed

Orders

  • Costs of Three Thousand Ghana Cedis (GH¢3,000.00) awarded in favour of the Defendant/Judgment Creditor/Respondent