ATARIWAH VRS NAYAN (A1/9/24) [2024] GHADC 411 (31 May 2024)

ATARIWAH VRS NAYAN (A1/9/24) [2024] GHADC 411 (31 May 2024)

The defendant's root of title and acts of possession predate the plaintiff's, and the same grantor could not validly allocate the land to the plaintiff after divesting interest to the defendant. The plaintiff's documents are tainted with fraud and are set aside. The defendant is entitled to the land and reliefs sought.

Citation
ATARIWAH VRS NAYAN (A1/9/24) [2024] GHADC 411 (31 May 2024)
Parties
Plaintiff: Evans Batariwah; Defendant: ToussouK Nayan
Court
ghadc
Jurisdiction
Ghana
Judgment Date
31 May 2024
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiff's claim dismissed; judgment for defendant.
Legal Topics
Declaration of Title, Recovery of Possession, Perpetual Injunction, Fraud in Land Transactions, Double Sale, Transfer of Interest in Land, Customary Law, Registration of Deeds
Source Language
eng
Land Law Civil Procedure Declaration of Title Recovery of Possession Perpetual Injunction Fraud in Land Transactions Double Sale Transfer of Interest in Land +2 more

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Parties

Evans Batariwah

Plaintiff

ToussouK Nayan

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the plaintiff’s allocation paper or lease regarding the disputed land is tainted with fraud
  2. 2 Whether the plaintiff or defendant is entitled to plot no. 35, Block A, Naplisi Residential Area

Ratio Decidendi

The defendant's root of title and acts of possession predate the plaintiff's, and the same grantor could not validly allocate the land to the plaintiff after divesting interest to the defendant. The plaintiff's documents are tainted with fraud and are set aside. The defendant is entitled to the land and reliefs sought.

Court Disposition

Plaintiff's claim dismissed; judgment for defendant.

Orders

  • Declaration that plot no. 35, Block A, Naplisi Residential Area, Tamale is the property of the defendant.
  • Defendant entitled to recover possession of the said plot.