Amoah Vrs Quartey and Others [2011] GHASC 9 (10 February 2011)

Amoah Vrs Quartey and Others [2011] GHASC 9 (10 February 2011)

The appellant had no interest in plot No. 1750/1957 at the time of its sale to Sensations Limited, as the refund of the purchase price to Mrs. Welbeck extinguished any prior interest. The sale by Betty Lokko to Sensations Limited was valid, and the appellant's subsequent actions constituted trespass, justifying the award of damages.

Citation
[2011] GHASC 9
Parties
Plaintiff/appellant: Naa Lamiley Amoah; Defendant/respondent: Gloria Quartey (substituted for Betty Lokko & Alfred Quartey); Defendant/respondent: The Chief Registrar, Land Title Registry, Accra; Defendant/respondent: Sensations Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
10 February 2011
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
appeal dismissed
Legal Topics
Specific Performance, Ownership of Land, Refund of Purchase Price, Damages for Trespass
Source Language
English
Land Law Contract Law Specific Performance Ownership of Land Refund of Purchase Price Damages for Trespass

Case Brief

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Parties

Naa Lamiley Amoah

Plaintiff/appellant

Gloria Quartey (substituted for Betty Lokko & Alfred Quartey)

Defendant/respondent

The Chief Registrar, Land Title Registry, Accra

Defendant/respondent

Sensations Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the appellant had any interest in plot No. 1750/1957 at the time of its sale to the respondent company
  2. 2 Whether the refund of the purchase price to Mrs. Welbeck extinguished any interest of the appellant in the disputed land
  3. 3 Whether the sale by Betty Lokko to Sensations Limited was valid

Ratio Decidendi

The appellant had no interest in plot No. 1750/1957 at the time of its sale to Sensations Limited, as the refund of the purchase price to Mrs. Welbeck extinguished any prior interest. The sale by Betty Lokko to Sensations Limited was valid, and the appellant's subsequent actions constituted trespass, justifying the award of damages.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety
  • Damages awarded to respondent for trespass affirmed