Tetteh Vrs Akwertteh and Another [2004] GHACA 12 (9 July 2004)

Tetteh Vrs Akwertteh and Another [2004] GHACA 12 (9 July 2004)

Neither party proved valid title to the disputed land according to the requirements of customary law and statutory formalities; the trial was unsatisfactory and failed to resolve the core issues, particularly the allegation of fraud in the issuance of the Land Certificate. The entire judgment is set aside and the case is remitted for retrial.

Citation
[2004] GHACA 12
Parties
Plaintiff/appellant: Emmanuel Tetteh Quaye; Defendant/respondent: Johnson Akwertteh; Defendant/respondent: Another (unnamed)
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
9 July 2004
Procedural Posture
Civil Appeal / Judgment on Appeal From Circuit Court
Outcome
Appeal allowed; judgment set aside; retrial ordered.
Legal Topics
Declaration of Title to Land, Customary Law Sale of Land, Land Registration, Fraud in Land Transactions, Burden of Proof
Source Language
English
Land Law Civil Procedure Declaration of Title to Land Customary Law Sale of Land Land Registration Fraud in Land Transactions Burden of Proof

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Parties

Emmanuel Tetteh Quaye

Plaintiff/appellant

Johnson Akwertteh

Defendant/respondent

Another (unnamed)

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Circuit Court

Legal Issues

  1. 1 Whether the appellant proved valid title to the disputed land
  2. 2 Whether the respondent proved valid title to the disputed land
  3. 3 Whether the issuance of the Land Certificate to the respondent was tainted by fraud

Ratio Decidendi

Neither party proved valid title to the disputed land according to the requirements of customary law and statutory formalities; the trial was unsatisfactory and failed to resolve the core issues, particularly the allegation of fraud in the issuance of the Land Certificate. The entire judgment is set aside and the case is remitted for retrial.

Court Disposition

Appeal allowed; judgment set aside; retrial ordered.

Orders

  • Entire judgment of the lower court set aside
  • Case remitted to the lower court for retrial