ZINANIBE VRS SAEED & 2 OTHERS (A1/19/23) [2024] GHADC 399 (14 June 2024)

ZINANIBE VRS SAEED & 2 OTHERS (A1/19/23) [2024] GHADC 399 (14 June 2024)

The plaintiff did not validly acquire the disputed land as the 2nd defendant did not sell it to him; Exhibit A was procured by fraud perpetrated by the 3rd defendant. Title is declared in favour of the 1st defendant, and the plaintiff is entitled to recover the purchase price from the 3rd defendant with interest.

Citation
ZINANIBE VRS SAEED & 2 OTHERS (A1/19/23) [2024] GHADC 399 (14 June 2024)
Parties
Plaintiff: Eugene Zinanibe; 1st Defendant: Abdulai Saeed; 2nd Defendant: Mohammed Abdul-Rahama; 3rd Defendant: Muazu Abubakari
Court
ghadc
Jurisdiction
Ghana
Judgment Date
14 June 2024
Procedural Posture
Civil Land Dispute / Final Judgment
Outcome
Judgment for 1st defendant; plaintiff's claim for land dismissed; plaintiff entitled to refund from 3rd defendant.
Legal Topics
Land Title, Fraud, Statutory Declaration, Double Sale, Burden of Proof
Source Language
eng
Property Law Civil Procedure Land Title Fraud Statutory Declaration Double Sale Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 28 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Eugene Zinanibe

Plaintiff

Abdulai Saeed

1st Defendant

Mohammed Abdul-Rahama

2nd Defendant

Muazu Abubakari

3rd Defendant

Procedural Posture

Civil Land Dispute / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff validly acquired the disputed land, plot no. 40, Block A, North Zagyuri Residential Area
  2. 2 Whether the 3rd defendant perpetrated fraud on the 2nd defendant regarding Exhibit A

Ratio Decidendi

The plaintiff did not validly acquire the disputed land as the 2nd defendant did not sell it to him; Exhibit A was procured by fraud perpetrated by the 3rd defendant. Title is declared in favour of the 1st defendant, and the plaintiff is entitled to recover the purchase price from the 3rd defendant with interest.

Court Disposition

Judgment for 1st defendant; plaintiff's claim for land dismissed; plaintiff entitled to refund from 3rd defendant.

Orders

  • Declaration of title in favour of 1st defendant to plot no. 40, Block A, North Zagyuri Residential Area, Sagnarigu Municipality, Northern Region, Ghana, measuring 0.25 acre (0.1 hectare).
  • Perpetual injunction restraining plaintiff and those claiming through him from interfering with 1st defendant's enjoyment and ownership.