Emmanuel Anane Vrs - Nii Joseph Torgbor Obodai Ii & Another [2020] GHACA 7 (17 December 2020)

Emmanuel Anane Vrs - Nii Joseph Torgbor Obodai Ii & Another [2020] GHACA 7 (17 December 2020)

The appeal was dismissed because the appellants failed to prove that they acquired valid title from the plaintiff’s family, failed to conduct adequate due diligence, and failed to call material witnesses. The Land Title Certificate was procured based on a document executed by a deceased person, amounting to fraud or mistake. The trial judge was correct in granting all reliefs to the plaintiff and ordering cancellation of the Land Title Certificate.

Citation
Emmanuel Anane Vrs - Nii Joseph Torgbor Obodai Ii & Another [2020] GHACA 7 (17 December 2020)
Parties
1st Defendant/appellant: Emmanuel Anane; Plaintiff/respondent: Nii Joseph Torgbor Obodai II; 2nd Defendant/respondent: John Appiah
Court
ghaca
Jurisdiction
Ghana
Judgment Date
17 December 2020
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed; trial High Court judgment affirmed.
Legal Topics
Title to Land, Fraudulent Conveyance, Bona Fide Purchaser, Rectification of Land Register, Burden of Proof
Source Language
eng
Land Law Civil Procedure Title to Land Fraudulent Conveyance Bona Fide Purchaser Rectification of Land Register Burden of Proof

Case Brief

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Parties

Emmanuel Anane

1st Defendant/appellant

Nii Joseph Torgbor Obodai II

Plaintiff/respondent

John Appiah

2nd Defendant/respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the plaintiff’s family are the rightful owners in possession of the land in dispute
  2. 2 Whether the defendants' grantors had capacity to alienate the land
  3. 3 Whether the defendants trespassed on plaintiff’s land

Ratio Decidendi

The appeal was dismissed because the appellants failed to prove that they acquired valid title from the plaintiff’s family, failed to conduct adequate due diligence, and failed to call material witnesses. The Land Title Certificate was procured based on a document executed by a deceased person, amounting to fraud or mistake. The trial judge was correct in granting all reliefs to the plaintiff and ordering cancellation of the Land Title Certificate.

Court Disposition

Appeal dismissed; trial High Court judgment affirmed.

Orders

  • Judgment for plaintiff for all reliefs sought
  • Cancellation of Land Title Certificate No. TD 7931, Vol. 019, Folio 3861