Ghana Case Law

NYANTAKYI VRS YAKUBU & ANOTHER (UW/WA/HC/E2/01/2022)

NYANTAKYI VRS YAKUBU & ANOTHER (UW/WA/HC/E2/01/2022) [2024] GHAHC 340 (30 April 2024)

Court

ghahc

The oral agreement for sale of the property, supported by substantial payments and acknowledgments, created a constructive trust in favour of the Plaintiff. The 1st Defendant, as trustee, was estopped from selling the property to the 2nd Defendant, who had notice of Plaintiff's interest. The subsequent sale was null and void. Plaintiff is entitled to specific performance, rectification of the land register, and a perpetual injunction.

Source excerpt

• Specific performance
• Constructive trust
• Sale of land
• Fraudulent conveyance
• Perpetual injunction
• Rectification of land register

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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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Azimi Shaarani -vrs- Rev William Amanakwaa Sub. By Mrs Rose Amankwaa

Azimi Shaarani -vrs- Rev William Amanakwaa Sub. By Mrs Rose Amankwaa [2023] GHACA 47 (19 January 2023)

Court

ghaca

The plaintiff/appellant's land title certificate and supporting documents were found to be tainted by fraud, as all payments and documentation were made in 2013 but backdated to 2006. The Ashong Mlitse family had already granted the land to the defendant/respondent in 2005, making any subsequent grant to the plaintiff void. The trial court's findings on fraud, possession, and damages were supported by the evidence. The appeal was dismissed and the High Court's judgment affirmed.

Source excerpt

• Title to land
• Fraudulent conveyance
• Rectification of land register
• Damages for trespass
• Possession
• Land title registration

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Azim Shaarani -vrs- Rev William Amankwa Sub By Rose Amankwaa

Azim Shaarani -vrs- Rev William Amankwa Sub By Rose Amankwaa [2023] GHACA 25 (19 January 2023)

Court

ghaca

The plaintiff's land title certificate and supporting documents were fraudulently obtained in 2013 and backdated to 2006. The defendant had a prior valid grant from the common grantor in 2005. Fraud was established beyond reasonable doubt, vitiating the plaintiff's title. The trial court's findings were supported by the evidence, and the award of damages and costs was not excessive.

Source excerpt

• Fraudulent title registration
• Rectification of land register
• Possession and title
• Damages for trespass
• Nemo dat quod non habet
• Burden of proof on appeal

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Ntoful & Another Vrs Nyarko & Another

Ntoful & Another Vrs Nyarko & Another [2023] GHACC 364 (16 January 2023)

Court

Circuit Court

The defendants registered the plaintiffs' land due to a mistake in coordinates, admitted the error, and failed to rectify it. The court is empowered to order rectification of the land register in cases of mistake. Plaintiffs failed to prove the full extent of special damages but are entitled to nominal damages, rectification, injunction, and costs.

Source excerpt

• Rectification of land register
• Damages for loss of business
• Injunction
• Default judgment

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Ayoreko Joseph Agesika Vrs Albert Sarquah & Anor.

Ayoreko Joseph Agesika Vrs Albert Sarquah & Anor. [2022] GHACC 77 (29 December 2022)

Court

Circuit Court

Circuit Court judgment in a land title dispute held that the defendants had superior title, dismissed the plaintiff’s claim, and granted the counterclaim.

• Title to land
• Trespass
• Counterclaim
• Rectification of land register
• Bona fide purchaser
• Equitable doctrines

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Asante & Anor Vrs Amponsah & Anor

Asante & Anor Vrs Amponsah & Anor [2022] GHASC 39 (20 January 2022)

Court

Supreme Court

The appellants could not acquire valid title as Akweinas Farms had already divested its interest to the respondents, making any subsequent grant to the appellants void under the nemo dat quod non habet principle. The respondents' prior registration constituted actual notice to the appellants. The appellants fraudulently procured land title certificates using documents from a party with no title, and fraud was proved beyond reasonable doubt. Possession alone could not defeat a better title.

Source excerpt

• Declaration of title
• Registration of land
• Fraud in land transactions
• Counterclaim
• Principle of nemo dat quod non habet
• Rectification of land register

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Emmanuel Anane Vrs - Nii Joseph Torgbor Obodai Ii & Another

Emmanuel Anane Vrs - Nii Joseph Torgbor Obodai Ii & Another [2020] GHACA 7 (17 December 2020)

Court

ghaca

The appeal was dismissed because the appellants failed to prove that they acquired valid title from the plaintiff’s family, failed to conduct adequate due diligence, and failed to call material witnesses. The Land Title Certificate was procured based on a document executed by a deceased person, amounting to fraud or mistake. The trial judge was correct in granting all reliefs to the plaintiff and ordering cancellation of the Land Title Certificate.

Source excerpt

• Title to land
• Fraudulent conveyance
• Bona fide purchaser
• Rectification of land register
• Burden of proof

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EMMANUEL ANANE -VRS- NII JOSEPH TORGBOR & ANOTHER

EMMANUEL ANANE -VRS- NII JOSEPH TORGBOR & ANOTHER [2020] GHACA 12 (10 December 2020)

Court

ghaca

The Court of Appeal affirmed the High Court’s judgment in a land dispute, upholding cancellation of the appellant’s land title and dismissing the appeal.

• Title to land
• Fraudulent conveyance
• Bona fide purchaser
• Rectification of land register
• Burden of proof
• Land-law

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Nunoo Vrs Ataglo

Nunoo Vrs Ataglo [2020] GHASC 49 (28 July 2020)

Court

ghasc

Supreme Court restored the High Court judgment for the plaintiff in a land dispute, holding that the defendant’s provisional title was mistaken and void.

• Title to land
• Customary land grants
• Limitation of actions
• Rectification of land register
• Adverse possession
• Mistake in land registration

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