WRANGLER GHANA VS SPECTRUM INDUSTRIES PVT LTD (H1/109/2021) [2022] GHACA 77 (28 April 2022)

WRANGLER GHANA VS SPECTRUM INDUSTRIES PVT LTD (H1/109/2021) [2022] GHACA 77 (28 April 2022)

Appellant proved better title through prior registration and valid deed of gift; respondent failed to prove fraud; Lands Commission acted improperly in registering land for respondent despite appellant's caveat; respondent's grantors lacked legal capacity to alienate land without vesting assent; Exhibit 9 was inadmissible; appellant entitled to all reliefs claimed.

Citation
WRANGLER GHANA VS SPECTRUM INDUSTRIES PVT LTD (H1/109/2021) [2022] GHACA 77 (28 April 2022)
Parties
Plaintiff/appellant: Wrangler Ghana; Defendant/respondent: Spectrum Industries Pvt Ltd
Court
ghaca
Jurisdiction
Ghana
Judgment Date
28 April 2022
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed; judgment of trial court set aside
Legal Topics
Declaration of Title, Fraud, Land Registration, Priority of Interests, Bona Fide Purchaser, Vesting Assent, Admissibility of Evidence
Source Language
eng
Property Law Land Registration Civil Procedure Declaration of Title Fraud Priority of Interests Bona Fide Purchaser Vesting Assent +1 more

Case Brief

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Parties

Wrangler Ghana

Plaintiff/appellant

Spectrum Industries Pvt Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether appellant is the lawful lessee of the land in dispute
  2. 2 Whether respondent's grantors had title to the land in dispute
  3. 3 Whether double registration occurred and if respondent procured land certificate by fraud

Ratio Decidendi

Appellant proved better title through prior registration and valid deed of gift; respondent failed to prove fraud; Lands Commission acted improperly in registering land for respondent despite appellant's caveat; respondent's grantors lacked legal capacity to alienate land without vesting assent; Exhibit 9 was inadmissible; appellant entitled to all reliefs claimed.

Court Disposition

appeal allowed; judgment of trial court set aside

Orders

  • Declaration of title in favour of appellant
  • Recovery of possession to appellant