NAA LAMILEY AMOAH vs. GLORIA QUARTEY, THE CHIEF REGISTRAR (LAND TITLE REGISTRY, ACCRA) AND SENSATIONS LIMITED

Betty Lokko and her late husband owned two contiguous plots at Osu, Accra (No. 1750/1957 and 1751/1957). After her husband's death, Betty Lokko sold both plots to appellant Naa Lamiley Amoah, who purportedly gifted plot No. 1750/1957 to her sister, Mrs. Majorie Welbeck. Mrs. Welbeck later demanded a refund of the purchase price for plot No. 1750/1957 due to ownership disputes involving plot No. 1751/1957. Betty Lokko refunded ¢6,000,000 to Mrs. Welbeck, who cashed the cheque. Subsequently, Betty Lokko sold plot No. 1750/1957 to Sensations Limited. The appellant challenged this sale, claiming ownership and seeking specific performance, rectification of the land register, declarations of nullity of the sale to Sensations Limited, equitable lien, and injunctions.

ARYEETEY, J.S.C This appeal is a straight fight between the plaintiff/appellant, Naa Lamiley Amoah, whom we refer to simply as appellant and the original 4th defendant company, Sensations Limited, whom we refer to as respondent. A brief background to this appeal would be appropriate. Betty Lokko and her husband, the late Joseph Lokko were owners of two contiguous plots of land at Osu, Accra which were covered by two separate title deeds. Betty Lokko’s title deed’s registered number at the Land Registry was number 1751/1957 while the registered number of her husband’s plot was 1750/1957. After the death of her husband she was appointed the administrator of his estate. In that capacity she sold her husband’s plot No. 1750/1957 to Naa Lamiley Amoah, the appellant herein. This was accompanied by sale by her of her own plot No. 1751/1957 to the appellant. A receipt, exhibit B which Betty Lokko issued covered the sale of the two contiguous lands. According to the appellant, after...