Kwanko Ii Vrs Lebanon Society and Others [2016] GHASC 24 (29 November 2016)

Kwanko Ii Vrs Lebanon Society and Others [2016] GHASC 24 (29 November 2016)

The Supreme Court found that the 1st defendant's registration was tainted by fraud, as there was a prior registered interest of the plaintiff's family, and the Nungua Stool had no authority to grant the land. The trial court's and Court of Appeal's concurrent findings of fact were supported by the evidence. The appeal was dismissed and the lower courts' orders, including rectification of the register and cancellation of the 1st defendant's title, were affirmed.

Citation
[2016] GHASC 24
Parties
Plaintiff/respondent/respondent: Numo Adjei Kwanko II; 1st Defendant/appellant/appellant: Lebanon Society; 2nd Defendant: Lands Commission; 3rd Defendant: Land Title Registry
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
29 November 2016
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed; judgment of Court of Appeal and trial court affirmed
Legal Topics
Land Title Registration, Fraud in Land Transactions, Rectification of Land Register, Limitation of Actions, Concurrent Findings of Fact
Source Language
English
Land Law Property Law Land Title Registration Fraud in Land Transactions Rectification of Land Register Limitation of Actions Concurrent Findings of Fact

Case Brief

Summary, issues, holding and outcome

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Parties

Numo Adjei Kwanko II

Plaintiff/respondent/respondent

Lebanon Society

1st Defendant/appellant/appellant

Lands Commission

2nd Defendant

Land Title Registry

3rd Defendant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the 1st defendant's land title certificate and leases are valid
  2. 2 Whether the plaintiff is the owner and custodian of the disputed land by virtue of registered document No. 1332/65
  3. 3 Whether the 1st defendant acquired title as a bona fide purchaser for value without notice

Ratio Decidendi

The Supreme Court found that the 1st defendant's registration was tainted by fraud, as there was a prior registered interest of the plaintiff's family, and the Nungua Stool had no authority to grant the land. The trial court's and Court of Appeal's concurrent findings of fact were supported by the evidence. The appeal was dismissed and the lower courts' orders, including rectification of the register and cancellation of the 1st defendant's title, were affirmed.

Court Disposition

appeal dismissed; judgment of Court of Appeal and trial court affirmed

Orders

  • Rectification of the Land Title Register by cancelling the 1st defendant's Land Title Certificate No. GA 1981 Vol. 02 Folio 233
  • Order of perpetual injunction restraining the 1st defendant from further development on the disputed land