TASSAH VRS ADZI & 4 ORS (J4/17/2024) [2024] GHASC 47 (23 October 2024)

TASSAH VRS ADZI & 4 ORS (J4/17/2024) [2024] GHASC 47 (23 October 2024)

The respondent failed to discharge the burden of proof required to succeed as a bona fide purchaser for value without notice. The evidence showed the 5th appellant's prior registered interest in the land since 1974, which was discoverable upon diligent search. The respondent's reliance on search results without further enquiry was insufficient, and he was fixed with notice of the 5th appellant's title. The respondent did not acquire title by adverse possession, as possession was for less than 12 years. The Court of Appeal erred in reversing the High Court's decision; the High Court's judgment is restored.

Citation
TASSAH VRS ADZI & 4 ORS (J4/17/2024) [2024] GHASC 47 (23 October 2024)
Parties
Plaintiff/appellant/respondent: Tassah Tapha Tassah; 1st Defendant: Nicholas Adzi; 2nd Defendant: Hajia; 3rd Defendant/respondent/appellant: Ibrahim Hudu; 4th Defendant/respondent/appellant: Suwayba Adam; 5th Defendant/respondent/appellant: Agri-Cattle Lakeside Estate Ltd.
Court
ghasc
Jurisdiction
Ghana
Judgment Date
23 October 2024
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal allowed; Court of Appeal judgment set aside; High Court judgment restored.
Legal Topics
Bona Fide Purchaser for Value Without Notice, Title to Land, Land Registration, Adverse Possession, Counterclaim, Limitation of Actions
Source Language
eng
Land Law Property Law Bona Fide Purchaser for Value Without Notice Title to Land Land Registration Adverse Possession Counterclaim Limitation of Actions

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Parties

Tassah Tapha Tassah

Plaintiff/appellant/respondent

Nicholas Adzi

1st Defendant

Hajia

2nd Defendant

Ibrahim Hudu

3rd Defendant/respondent/appellant

Suwayba Adam

4th Defendant/respondent/appellant

Agri-Cattle Lakeside Estate Ltd.

5th Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the respondent was a bona fide purchaser for value without notice of the 5th appellant's prior registered interest
  2. 2 Whether the respondent conducted sufficient due diligence before acquiring the land
  3. 3 Whether the Court of Appeal erred in reversing the High Court's decision

Ratio Decidendi

The respondent failed to discharge the burden of proof required to succeed as a bona fide purchaser for value without notice. The evidence showed the 5th appellant's prior registered interest in the land since 1974, which was discoverable upon diligent search. The respondent's reliance on search results without further enquiry was insufficient, and he was fixed with notice of the 5th appellant's title. The respondent did not acquire title by adverse possession, as possession was for less than 12 years. The Court of Appeal erred in reversing the High Court's decision; the High Court's judgment is restored.

Court Disposition

Appeal allowed; Court of Appeal judgment set aside; High Court judgment restored.

Orders

  • Respondent's claim dismissed.
  • Declaration of title in favour of 5th Defendant to land at Katamanso, Accra, area 2911.523 acres (including 0.29 acre in dispute), covered by Land Title Certificate No. TD 0513/TD 0514.