Doudu Vrs Benewah [2012] GHASC 55 (12 December 2012)

Doudu Vrs Benewah [2012] GHASC 55 (12 December 2012)

The appellant's title was tainted by fraud, which was sufficiently proved by forensic and corroborative evidence; the plea of bona fide purchaser for value without notice was not established as the appellant failed to exercise due diligence. The Court of Appeal was correct in reversing the trial court and granting relief to the respondent.

Citation
[2012] GHASC 55
Parties
Plaintiff/respondent/appellant: Richard Osae Duodu; Defendant/appellant/respondent: Nana Ama Benewah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
12 December 2012
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Fraudulent Conveyance, Bona Fide Purchaser, Title to Land, Forgery, Burden of Proof
Source Language
English
Land Law Property Law Fraudulent Conveyance Bona Fide Purchaser Title to Land Forgery Burden of Proof

Case Brief

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Parties

Richard Osae Duodu

Plaintiff/respondent/appellant

Nana Ama Benewah

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the Court of Appeal erred in reversing the trial court's findings on title to land
  2. 2 Whether the plea of bona fide purchaser for value without notice was established
  3. 3 Whether fraud was sufficiently proved to vitiate the appellant's title

Ratio Decidendi

The appellant's title was tainted by fraud, which was sufficiently proved by forensic and corroborative evidence; the plea of bona fide purchaser for value without notice was not established as the appellant failed to exercise due diligence. The Court of Appeal was correct in reversing the trial court and granting relief to the respondent.

Court Disposition

appeal dismissed

Orders

  • Judgment of the Court of Appeal affirmed
  • Reliefs granted to the respondent on the counterclaim stand