OKOFOH ESTATES LTD vs. MODERN SIGNS LTD AND ANOTHER

The plaintiff, Okofoh Estates Ltd, claimed title to a disputed land in Accra, alleging that the defendant, Modern Signs Ltd, obtained registration of title by fraud and mistake in breach of the Land Title Registration Law, 1986 (PNDCL 152). The plaintiff sought declaration of title, cancellation of the defendant's land registration, damages for trespass, and perpetual injunction. The defendants denied the allegations, asserting prior valid title derived from the same family vendor, the Nii Odoi Kwao family, and filed a motion to dismiss for nondisclosure of cause of action. The High Court dismissed the plaintiff's suit on the basis that the defendant's registered title was valid and indefeasible, relying on affidavits and exhibits without ordering oral evidence or trial.

JUDGMENT OF AKUFFO JSC Akuffo JSC delivered the first ruling at the invitation of Aikins JSC. This is an application for an order that: “The proceedings and the ruling or judgment of the High Court of justice per Essilfie-Bondzie JA sitting in the High Court, dated 1 February 1996 in suit No L 567/95 be brought up to this court for the purpose of being quashed and that the same be quashed and further that this court do order that the said action in the High Court suit No L 567/95 proceed to trial in the normal course.” The grounds for the application are set out in the applicant’s notice of motion and as additional grounds in paragraph (4) of the applicant’s statement of case. In sum, the applicant is challenging the validity of the judgment on the grounds of breach of the rules of natural justice; lack of jurisdiction; and an apparent error of law on the face of the record. The first respondent filed an affidavit in opposition to the application, and, also, filed a no...