[2012]DLSC6441 • December 4, 2012 • Supreme Court •
RICHARD OSAE DUODU vs. NANA AMA BENEWAH
The plaintiff sued the defendant for a declaration of title to a parcel of land in Accra, claiming purchase from Emmanuel Roger Amudzi in 2004, who had obtained title from Carl Reindorf. The defendant claimed ownership by purchase from the same Reindorf family in 2003 and alleged that the plaintiff's grantor forged Carl Reindorf's signature to register the title. A forensic expert confirmed the forgery. Despite this, the trial court declared the plaintiff a bona fide purchaser for value without notice and dismissed the defendant's claim. The Court of Appeal reversed this, ruling in favor of the defendant.
read moreANIN YEBOAH , J.S.C My Lords, this appeal before us is against the judgment of the Court of Appeal, Accra which on 3rd of August 2012 reversed the judgment of the High Court, Accra. We have been invited to allow the appeal and restore the judgment of the learned trial judge. The facts of this appeal appear not to be in serious controversy. The plaintiff, on 25/08/2004 sued the defendant who is the respondent herein for a declaration of title to a parcel of land at Accra. Other reliefs which were ancillary were also sought against the respondent. In a nutshell, his case was that the land in dispute was sold to him by one Emmanuel Roger Amudzi in 2004. The said Emmanuel Roger Amudzi had obtained his grant from one Carl Reindorf. Thereafter he had his title registered at the Lands Commission Secretariat after he had conducted a search which revealed that the original owner of the land was the Reindorf family of Accra which conveyed the land to his grantor. It was in course of deve...