Registered Trustees Of The Catholic Church Achimota Vrs Buildaf Ltd and Others [2015] GHASC 124 (25 June 2015)

Registered Trustees Of The Catholic Church Achimota Vrs Buildaf Ltd and Others [2015] GHASC 124 (25 June 2015)

The Respondents' title to the land, acquired by deed of gift in 1946 and supported by long, uncontested possession, was not affected by the 1932 or 1961/1962 judgments, as those judgments did not bind prior purchasers or establish res judicata against the Respondents. The Appellants' Land Title Certificate was obtained in breach of statutory duty to disclose pending litigation and was thus liable to cancellation for fraud. The Appellants failed to establish a better root of title or to show error in the concurrent findings of the courts below.

Citation
[2015] GHASC 124
Parties
Plaintiff/respondent: The Registered Trustees of the Catholic Church, Achimota - Accra; 1st Defendant/appellant: Buildaf Ltd; 2nd Defendant/appellant: Mr. Abu; 3rd Defendant/appellant: Mohammed Asamoa-Kwaning
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
25 June 2015
Procedural Posture
Civil Appeal / Supreme Court Second Appeal
Outcome
Appeal dismissed; judgments of the courts below affirmed.
Legal Topics
Title to Land, Res Judicata, Registration of Title, Fraud in Land Registration, Customary Law, Burden of Proof
Source Language
English
Land Law Civil Procedure Title to Land Res Judicata Registration of Title Fraud in Land Registration Customary Law Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

The Registered Trustees of the Catholic Church, Achimota - Accra

Plaintiff/respondent

Buildaf Ltd

1st Defendant/appellant

Mr. Abu

2nd Defendant/appellant

Mohammed Asamoa-Kwaning

3rd Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Second Appeal

Legal Issues

  1. 1 Which party has better title to the disputed land?
  2. 2 Does the 1932 or 1961/1962 judgment create res judicata against the Respondents?
  3. 3 Was the Land Title Certificate obtained by the Appellants liable to cancellation for fraud or non-disclosure of pending litigation?

Ratio Decidendi

The Respondents' title to the land, acquired by deed of gift in 1946 and supported by long, uncontested possession, was not affected by the 1932 or 1961/1962 judgments, as those judgments did not bind prior purchasers or establish res judicata against the Respondents. The Appellants' Land Title Certificate was obtained in breach of statutory duty to disclose pending litigation and was thus liable to cancellation for fraud. The Appellants failed to establish a better root of title or to show error in the concurrent findings of the courts below.

Court Disposition

Appeal dismissed; judgments of the courts below affirmed.

Orders

  • Appellants' appeal is dismissed.
  • Judgment in favour of the Respondents is affirmed.