PETER GYIMAH ASANTE AND ANO. vs. SIMON BOBI NTIRI AND JOSEPH WILLIAMS

ANSAH, J.A.: I also agree that this appeal must be allowed. However I have decided to add a few words to the Judgment just read. The facts surrounding this case have already been narrated and I shall therefore save myself the burden of repeating them here and will only refer to a few of them when it becomes necessary so to do. I shall begin by quoting from the judgment under appeal wherein the learned trial judge said inter alia that: “It is my finding that since both interests are not registered, the first in time should prevail. It was incumbent on the claimants to make a search to satisfy themselves that the disputed house was not encumbered. This they failed to do and went ahead to purchase the house at their own peril. The contract of sale entered into between the plaintiffs and the defendants cannot be defeated by a sale made eight months later. The next issue to consider is whether the claimants can come under the umbrella of innocent purchasers without notice....” ...