Benyak Company Ltd Vrs Paytell Ltd and Others [2014] GHASC 128 (5 February 2014)

Benyak Company Ltd Vrs Paytell Ltd and Others [2014] GHASC 128 (5 February 2014)

The plaintiff failed to prove title to the disputed land as the grantor had already made a valid prior grant to the third defendant, leaving no title to convey to the plaintiff. The findings of the lower courts on credibility and the validity of the prior grant were supported by the evidence, and the plaintiff's grant was void for want of title in the grantor.

Citation
[2014] GHASC 128
Parties
Plaintiff/appellant: Benyak Company Ltd; Defendant/respondent: Paytell Ltd; Defendant/respondent: Kofi Agyemang; Defendant/respondent: T. T. Mensah (substituted by Moses Tawiah Aryee); Defendant/respondent: Lands Commission
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
5 February 2014
Procedural Posture
Civil Appeal / Second Appeal (supreme Court)
Outcome
appeal dismissed
Legal Topics
Declaration of Title to Land, Burden of Proof, Fraud, Registration of Title, Counterclaim, Credibility of Witnesses
Source Language
English
Land Law Civil Procedure Declaration of Title to Land Burden of Proof Fraud Registration of Title Counterclaim Credibility of Witnesses

Case Brief

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Parties

Benyak Company Ltd

Plaintiff/appellant

Paytell Ltd

Defendant/respondent

Kofi Agyemang

Defendant/respondent

T. T. Mensah (substituted by Moses Tawiah Aryee)

Defendant/respondent

Lands Commission

Defendant/respondent

Procedural Posture

Civil Appeal / Second Appeal (supreme Court)

Legal Issues

  1. 1 Whether the plaintiff proved title to the disputed land on a balance of probabilities
  2. 2 Whether the grantor (PW1) had valid title to pass to the plaintiff at the time of the grant
  3. 3 Whether the prior grant to the third defendant rendered the plaintiff's grant void

Ratio Decidendi

The plaintiff failed to prove title to the disputed land as the grantor had already made a valid prior grant to the third defendant, leaving no title to convey to the plaintiff. The findings of the lower courts on credibility and the validity of the prior grant were supported by the evidence, and the plaintiff's grant was void for want of title in the grantor.

Court Disposition

appeal dismissed