Asante and Another Vrs Amponsah and Another [2022] GHASC 2 (20 January 2022)

Asante and Another Vrs Amponsah and Another [2022] GHASC 2 (20 January 2022)

The appellants failed to prove a better title to the disputed land as the respondents' grant from the common grantor, Akweinas Farms, predated that of the appellants. The appellants had actual and constructive notice of the respondents' prior interest and registration. The principle of nemo dat quod non habet applied, rendering the appellants' acquisition null. The appellants procured their land title certificates by fraud, as they knowingly used documents from a party with no title and sought to overreach the respondents. The findings of the lower courts were amply supported by the evidence, and no miscarriage of justice was occasioned.

Citation
[2022] GHASC 2
Parties
Plaintiff/appellant/appellant: George Kwadwo Asante; Plaintiff/appellant/appellant: Eric Danpare Asante; Defendant/respondent/respondent: Madam Abena Amponsah; Defendant/respondent/respondent: Peter Kofi Adu
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
20 January 2022
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal dismissed
Legal Topics
Declaration of Title to Land, Registration of Land, Fraud in Land Transactions, Counterclaim, Cancellation of Land Title Certificate, Principle of Nemo Dat Quod Non Habet
Source Language
English
Land Law Property Law Civil Procedure Declaration of Title to Land Registration of Land Fraud in Land Transactions Counterclaim Cancellation of Land Title Certificate +1 more

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Parties

George Kwadwo Asante

Plaintiff/appellant/appellant

Eric Danpare Asante

Plaintiff/appellant/appellant

Madam Abena Amponsah

Defendant/respondent/respondent

Peter Kofi Adu

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the appellants proved a better title to the disputed land than the respondents
  2. 2 Whether the appellants had notice of the respondents' prior interest and registration
  3. 3 Whether the principle of nemo dat quod non habet applies to the appellants' acquisition

Ratio Decidendi

The appellants failed to prove a better title to the disputed land as the respondents' grant from the common grantor, Akweinas Farms, predated that of the appellants. The appellants had actual and constructive notice of the respondents' prior interest and registration. The principle of nemo dat quod non habet applied, rendering the appellants' acquisition null. The appellants procured their land title certificates by fraud, as they knowingly used documents from a party with no title and sought to overreach the respondents. The findings of the lower courts were amply supported by the evidence, and no miscarriage of justice was occasioned.

Court Disposition

appeal dismissed

Orders

  • Judgments of the High Court and Court of Appeal affirmed
  • Land Title Certificates of the appellants (Exhibits F and G) cancelled