DARKWA VRS ZONDA TECH GHANA LIMITED & 3 OTHERS (E1/12/2022) [2024] GHAHC 85 (15 May 2024)

DARKWA VRS ZONDA TECH GHANA LIMITED & 3 OTHERS (E1/12/2022) [2024] GHAHC 85 (15 May 2024)

Plaintiff established title to the land and proved that subsequent assignments and registrations were fraudulent and done without his knowledge. The 2nd Defendant was negligent in registering fraudulent instruments despite notice. The 1st, 3rd, and 4th Defendants failed to act as prudent purchasers and had notice of Plaintiff’s interest, thus cannot claim bona fide purchaser status. Plaintiff is entitled to declaration of title, recovery of possession, expungement of fraudulent registrations, damages, and costs.

Citation
DARKWA VRS ZONDA TECH GHANA LIMITED & 3 OTHERS (E1/12/2022) [2024] GHAHC 85 (15 May 2024)
Parties
Plaintiff: Isaac Dunwell Darkwa; 1st Defendant: Zonda Tech Ghana Limited; 2nd Defendant: Lands Commission; 3rd Defendant: Yang Yang; 4th Defendant: Guo Anjie
Court
ghahc
Jurisdiction
Ghana
Judgment Date
15 May 2024
Procedural Posture
Civil Land/property / Final Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Title to Land, Fraudulent Conveyance, Negligence, Bona Fide Purchaser, Registration of Land, Damages
Source Language
eng
Property Law Land Law Civil Procedure Title to Land Fraudulent Conveyance Negligence Bona Fide Purchaser Registration of Land +1 more

Case Brief

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Parties

Isaac Dunwell Darkwa

Plaintiff

Zonda Tech Ghana Limited

1st Defendant

Lands Commission

2nd Defendant

Yang Yang

3rd Defendant

Guo Anjie

4th Defendant

Procedural Posture

Civil Land/property / Final Judgment

Legal Issues

  1. 1 Whether the Plaintiff has title to the land in dispute
  2. 2 Whether subsequent transactions were done with the knowledge and consent of the Plaintiff
  3. 3 Whether title registrations subsequent to the Plaintiff’s title registration at the Lands Commission were done fraudulently

Ratio Decidendi

Plaintiff established title to the land and proved that subsequent assignments and registrations were fraudulent and done without his knowledge. The 2nd Defendant was negligent in registering fraudulent instruments despite notice. The 1st, 3rd, and 4th Defendants failed to act as prudent purchasers and had notice of Plaintiff’s interest, thus cannot claim bona fide purchaser status. Plaintiff is entitled to declaration of title, recovery of possession, expungement of fraudulent registrations, damages, and costs.

Court Disposition

Judgment for Plaintiff

Orders

  • Declaration of title to the land in favour of Plaintiff
  • Order to 2nd Defendant to expunge names of 3rd and 4th Defendants, Joseph Kodjo Nyamekye, and Kwame Osei from records