Lartey & 2 Ors Vrs Djin & Anor [2022] GHASC 63 (29 June 2022)

Lartey & 2 Ors Vrs Djin & Anor [2022] GHASC 63 (29 June 2022)

The appellants failed to prove they were bona fide purchasers for value without notice as they did not conduct official searches at the Land Title Registry before acquisition. The joinder of the 1st plaintiff and 2nd defendant as parties was improper as they had no enforceable interest at the time of suit. The respondent's title was properly transferred under the law, and the Court of Appeal correctly evaluated the evidence and counterclaim.

Citation
[2022] GHASC 63
Parties
1st Plaintiff: Madam Randi Lartey; 2nd Plaintiff/respondent/appellant: Samuel Nii Otoo Ankrah; 3rd Plaintiff/respondent/appellant: Mrs Agnes Esi Ankrah; 1st Defendant/appellant/respondent: Yaw Aboah Djin; 2nd Defendant: Justiny Company Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
29 June 2022
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Bona Fide Purchaser for Value Without Notice, Joinder of Parties, Land Registration, Counterclaim, Burden of Proof
Source Language
English
Land Law Civil Procedure Bona Fide Purchaser for Value Without Notice Joinder of Parties Land Registration Counterclaim Burden of Proof

Case Brief

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Parties

Madam Randi Lartey

1st Plaintiff

Samuel Nii Otoo Ankrah

2nd Plaintiff/respondent/appellant

Mrs Agnes Esi Ankrah

3rd Plaintiff/respondent/appellant

Yaw Aboah Djin

1st Defendant/appellant/respondent

Justiny Company Limited

2nd Defendant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the appellants were bona fide purchasers for value without notice
  2. 2 Whether the joinder of the 1st plaintiff and 2nd defendant as parties was proper
  3. 3 Whether the Court of Appeal erred in its evaluation of the evidence and counterclaim

Ratio Decidendi

The appellants failed to prove they were bona fide purchasers for value without notice as they did not conduct official searches at the Land Title Registry before acquisition. The joinder of the 1st plaintiff and 2nd defendant as parties was improper as they had no enforceable interest at the time of suit. The respondent's title was properly transferred under the law, and the Court of Appeal correctly evaluated the evidence and counterclaim.

Court Disposition

Appeal dismissed

Orders

  • 1st plaintiff and 2nd defendant struck out as parties
  • Decision of the Court of Appeal affirmed