Azimi Shaarani -vrs- Rev William Amanakwaa Sub. By Mrs Rose Amankwaa [2023] GHACA 47 (19 January 2023)

Azimi Shaarani -vrs- Rev William Amanakwaa Sub. By Mrs Rose Amankwaa [2023] GHACA 47 (19 January 2023)

The plaintiff/appellant's land title certificate and supporting documents were found to be tainted by fraud, as all payments and documentation were made in 2013 but backdated to 2006. The Ashong Mlitse family had already granted the land to the defendant/respondent in 2005, making any subsequent grant to the plaintiff void. The trial court's findings on fraud, possession, and damages were supported by the evidence. The appeal was dismissed and the High Court's judgment affirmed.

Citation
Azimi Shaarani -vrs- Rev William Amanakwaa Sub. By Mrs Rose Amankwaa [2023] GHACA 47 (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
Outcome
Appeal dismissed; High Court judgment affirmed.
Legal Topics
Title to Land, Fraudulent Conveyance, Rectification of Land Register, Damages for Trespass, Possession, Land Title Registration
Source Language
eng
Land Law Property Law Civil Procedure Title to Land Fraudulent Conveyance Rectification of Land Register Damages for Trespass Possession +1 more

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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

Legal Issues

  1. 1 Whether the plaintiff/appellant's land title certificate was validly obtained or tainted by fraud
  2. 2 Whether the trial court's findings were against the weight of evidence
  3. 3 Whether the defendant/respondent had a superior title to the disputed land

Ratio Decidendi

The plaintiff/appellant's land title certificate and supporting documents were found to be tainted by fraud, as all payments and documentation were made in 2013 but backdated to 2006. The Ashong Mlitse family had already granted the land to the defendant/respondent in 2005, making any subsequent grant to the plaintiff void. The trial court's findings on fraud, possession, and damages were supported by the evidence. The appeal was dismissed and the High Court's judgment affirmed.

Court Disposition

Appeal dismissed; High Court judgment affirmed.

Orders

  • Plaintiff's claims dismissed
  • Defendant's counterclaim for title, possession, damages, and rectification of the land register affirmed