[2012]DLSC2611 • February 22, 2012 • Supreme Court •
SALOMEY SHORME TETTEH AND NII AMON TAFO vs. MARY KORKOR HAYFORD
The plaintiff initiated a land dispute against the defendant, Mary Korkoi (deceased during proceedings, substituted by daughters), claiming that the defendant's Land Title Certificate No. GA3929 was null and void due to fraud. Both parties claimed title through the Asere Stool, with the plaintiff claiming acquisition in 1978 and defendants claiming acquisition in 1974 (with an indenture from 1983). The High Court initially ruled in favor of the plaintiff, setting aside the defendant's land title certificate. The defendants appealed, and the Court of Appeal reversed the decision, ruling in favor of the defendants. The plaintiff appealed to the Supreme Court.
read moreJONES DOTSE JSC; This is an appeal by the Plaintiff/Respondent/Appellant hereafter referred to as Plaintiff against the judgment of the Court of Appeal dated 22nd July 2010 which set aside a judgment of the High Court which was in favour of the plaintiff, and entered judgment in favour of the Defendants/Appellants/Respondents, hereafter referred to as the Defendants. It must be noted that, even though the Plaintiff commenced action against a Defendant, Madam Mary Korkoi, she died during the pendency of the suit, and had been substituted by her daughters, the two substituted Defendants herein. This case commenced in the High Court, Accra where the Plaintiff issued a writ against the Defendant, Madam Mary Korkoi (deceased) claiming the following reliefs: i. Declaration that the Land Title Certificate No. GA3929 issued by the Chief Registrar, land Title Registry, Accra to the Defendant is null and void on grounds of fraud. ii. An order to cancel or set aside the said Land Certificate ...