Boateng Vrs . 21st Century Construction Co. and Anotherltd [2022] GHAHC 49 (30 November 2022)

Boateng Vrs . 21st Century Construction Co. and Anotherltd [2022] GHAHC 49 (30 November 2022)

Plaintiff established ownership of the disputed land by documentary and oral evidence, and proved fraud in the registration of the land in favour of the 1st Defendant beyond reasonable doubt. The 1st Defendant's registration was fraudulent and must be cancelled. Plaintiff is entitled to all reliefs sought including...

Source-derived case information.

Citation
[2022] GHAHC 49
Parties
Plaintiff: Prince Kwame Boateng; 1st Defendant: 21st Century Construction Co. Ltd; 2nd Defendant: The Lands Commission
Court
High Court
Jurisdiction
Ghana
Judgment Date
30 November 2022
Procedural Posture
Civil Land Dispute / Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Title to Land, Trespass, Fraud in Land Registration, Mandamus, Injunction
Source Language
english
Land Law Civil Procedure Title to Land Trespass Fraud in Land Registration Mandamus Injunction

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Parties

Prince Kwame Boateng

Plaintiff

21st Century Construction Co. Ltd

1st Defendant

The Lands Commission

2nd Defendant

Procedural Posture

Civil Land Dispute / Judgment

Legal Issues

  1. 1 Whether the land in dispute belongs to the Plaintiff
  2. 2 Whether the land forms part of Gomoa Ojobi or Gomoa Fetteh lands
  3. 3 Whether Plaintiff has been in possession and control for over 20 years

Ratio Decidendi

Plaintiff established ownership of the disputed land by documentary and oral evidence, and proved fraud in the registration of the land in favour of the 1st Defendant beyond reasonable doubt. The 1st Defendant's registration was fraudulent and must be cancelled. Plaintiff is entitled to all reliefs sought including damages, recovery of possession, and injunction.

Court Disposition

Judgment for Plaintiff

Orders

  • Declaration of title to the land in dispute in favour of Plaintiff
  • Damages for trespass against 1st Defendant assessed at GH¢15,000.00