EMMANUEL ANANE -VRS- NII JOSEPH TORGBOR & ANOTHER [2020] GHACA 12 (10 December 2020)

EMMANUEL ANANE -VRS- NII JOSEPH TORGBOR & ANOTHER [2020] GHACA 12 (10 December 2020)

The defendants failed to prove acquisition of the land from the plaintiff’s family, failed to conduct due diligence, and did not qualify as bona fide purchasers for value without notice. The Land Title Certificate was procured by fraud as the purported grantor was deceased at the time of execution. The trial judge’s reduction of issues was proper and did not occasion miscarriage of justice. The plaintiff’s family is the rightful owner and entitled to the reliefs sought; defendants’ counterclaims fail for lack of proof.

Citation
EMMANUEL ANANE -VRS- NII JOSEPH TORGBOR & ANOTHER [2020] GHACA 12 (10 December 2020)
Parties
1st Defendant/appellant: Emmanuel Anane; Plaintiff/respondent: Nii Joseph Torgbor Obodai II; 2nd Defendant/respondent: John Appiah
Court
ghaca
Jurisdiction
Ghana
Judgment Date
10 December 2020
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed; judgment of trial High Court affirmed.
Legal Topics
Title to Land, Fraudulent Conveyance, Bona Fide Purchaser, Rectification of Land Register, Burden of Proof
Source Language
eng
Land Law Civil Procedure Title to Land Fraudulent Conveyance Bona Fide Purchaser Rectification of Land Register Burden of Proof

Case Brief

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Parties

Emmanuel Anane

1st Defendant/appellant

Nii Joseph Torgbor Obodai II

Plaintiff/respondent

John Appiah

2nd Defendant/respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the plaintiff’s family are the rightful owners in possession of the land in dispute
  2. 2 Whether the defendants' grantors had capacity to alienate the land
  3. 3 Whether the defendants trespassed on plaintiff’s family land

Ratio Decidendi

The defendants failed to prove acquisition of the land from the plaintiff’s family, failed to conduct due diligence, and did not qualify as bona fide purchasers for value without notice. The Land Title Certificate was procured by fraud as the purported grantor was deceased at the time of execution. The trial judge’s reduction of issues was proper and did not occasion miscarriage of justice. The plaintiff’s family is the rightful owner and entitled to the reliefs sought; defendants’ counterclaims fail for lack of proof.

Court Disposition

Appeal dismissed; judgment of trial High Court affirmed.

Orders

  • Plaintiff awarded all reliefs sought including recovery of possession, cancellation of Land Title Certificate TD 7931, perpetual injunction, and damages.
  • Defendants’ counterclaims dismissed.