Ghana Case Law

Shaarani v Amankwaa and Another (H1/49/2021)

Shaarani v Amankwaa and Another (H1/49/2021) [2023] GHACA 241 (19 January 2023)

Court

Court of Appeal

Case number

H1/49/2021

The plaintiff's land certificate and supporting documents were found to be tainted with fraud, as the evidence showed payments and documentation were backdated and the land had already been granted to the defendant. The defendant's title was valid, and the trial court's findings on fraud, possession, and damages were correct. The appeal was dismissed as without merit.

Source excerpt

• Title to land
• Fraud in land registration
• Rectification of land register
• Damages for trespass

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Boateng Vrs . 21st Century Construction Co. and Anotherltd

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

Court

High Court

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.

Source excerpt

• Title to land
• Trespass
• Fraud in land registration
• Mandamus
• Injunction

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Codjoe Vrs Sowah

Codjoe Vrs Sowah [2022] GHASC 101 (29 November 2022)

Court

Supreme Court

The Supreme Court held that the plaintiff acquired the disputed land by valid oral customary grant in 1954, which took priority over the defendant’s root of title. The Court found no evidence of fraud in the acquisition of the Land Title Certificate and held that the defendant failed to prove his counterclaim or the allegation of fraud. The plaintiff’s action was not statute barred. The Court of Appeal erred in setting aside the trial court’s findings, and the trial High Court’s judgment was restored.

Source excerpt

• Customary land grant
• Priority of title
• Fraud in land registration
• Burden of proof
• Statute of limitation

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Boateng Vrs Ntim-manu & Anor

Boateng Vrs Ntim-manu & Anor [2022] GHASC 67 (15 June 2022)

Court

Supreme Court

Supreme Court allowed a land appeal, set aside concurrent lower-court decisions, and held that the appellant’s prior possession and documentary evidence proved title.

• Adverse possession
• Burden of proof
• Counterclaim
• Fraud in land registration
• Title to land
• Land-law

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Registered Trustees Of The Catholic Church Achimota Vrs Buildaf Ltd and Others

Registered Trustees Of The Catholic Church Achimota Vrs Buildaf Ltd and Others [2015] GHASC 124 (25 June 2015)

Court

Supreme Court

The Respondents' title to the land, acquired by deed of gift in 1946 and supported by long, uncontested possession, was not affected by the 1932 or 1961/1962 judgments, as those judgments did not bind prior purchasers or establish res judicata against the Respondents. The Appellants' Land Title Certificate was obtained in breach of statutory duty to disclose pending litigation and was thus liable to cancellation for fraud. The Appellants failed to establish a better root of title or to show error in the concurrent findings of the courts below.

Source excerpt

• Title to land
• Res judicata
• Registration of title
• Fraud in land registration
• Customary law
• Burden of proof

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