OKWENA SAMPSON VRS ABUBU RAZAK & 2 ORS. (C1/2/18) [2022] GHACC 310 (7 December 2022)

OKWENA SAMPSON VRS ABUBU RAZAK & 2 ORS. (C1/2/18) [2022] GHACC 310 (7 December 2022)

The plaintiff failed to prove valid title as the land forms part of the estate of the late Enoch Quaye Kumah, held in constructive trust for all children. The plaintiff was not a bona fide purchaser for value without notice, having failed to conduct adequate due diligence regarding the long-standing occupation by the 1st defendant. The allocation and transfer to the plaintiff’s vendor were obtained by fraud and misrepresentation, vitiating the transaction. The court set aside the transfer and ordered the land returned to the estate.

Citation
[2022] GHACC 310
Parties
Plaintiff: Okwena Sampson; Defendant: Abudu Razak; Defendant: Esther Quaye Kumah; Defendant: Regina Quaye Kumah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
7 December 2022
Case Number
C1/2/18
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Plaintiff's suit dismissed; Defendants' counterclaim allowed
Legal Topics
Declaration of Title, Constructive Trust, Fraud, Bona Fide Purchaser, Counterclaim, Ejectment
Source Language
English
Land Law Equity Civil Procedure Declaration of Title Constructive Trust Fraud Bona Fide Purchaser Counterclaim +1 more

Case Brief

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Parties

Okwena Sampson

Plaintiff

Abudu Razak

Defendant

Esther Quaye Kumah

Defendant

Regina Quaye Kumah

Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the land in dispute is the bona fide property of Ebenezer Quaye Kumah or forms part of the estate of the late Enoch Quaye Kumah
  2. 2 Whether the plaintiff is a bona fide purchaser for value without notice of the land in dispute
  3. 3 Whether the land in dispute was fraudulently acquired by the plaintiff’s vendor

Ratio Decidendi

The plaintiff failed to prove valid title as the land forms part of the estate of the late Enoch Quaye Kumah, held in constructive trust for all children. The plaintiff was not a bona fide purchaser for value without notice, having failed to conduct adequate due diligence regarding the long-standing occupation by the 1st defendant. The allocation and transfer to the plaintiff’s vendor were obtained by fraud and misrepresentation, vitiating the transaction. The court set aside the transfer and ordered the land returned to the estate.

Court Disposition

Plaintiff's suit dismissed; Defendants' counterclaim allowed

Orders

  • Transfer of disputed land to plaintiff set aside
  • Allocation to plaintiff by TDC cancelled