NENE FIESU GBLIE GBENARTEY AND MADAM DEDE GLIE vs. NETAS PROPERTIES & INVESTMENT, EMMANUEL ADOLF TAGOE AND LANDS COMMISSION

The plaintiffs, as principal members of the Gbenartey Fiesu family, alleged that Numo Nartey Kwaku, a family member, fraudulently alienated approximately 1,288 acres of family land to the 1st defendant, Netas Properties & Investment, represented by the 2nd defendant, Emmanuel Adolf Tagoe. The plaintiffs sought orders to expunge the relevant indentures from the Lands Commission records, damages for fraud, and to restrain dealings with the land. The defendants denied fraud, contending the land belonged jointly to descendants of three brothers, including the plaintiffs, and that the vendor had consent from all principal family members. The defendants also claimed the plaintiffs had knowledge of and ratified the transactions.

ANIN YEBOAH JSC. On the 13th of November 2014, we allowed this appeal and reserved our reasons. So we now proceed to offer our reasons for the allowance of the appeal. This appeal before this court is against the decision of from the Court of Appeal, Accra, dated the 25/02/2013, which affirmed the judgment of the trial High Court, Accra. For the sake of brevity, the Plaintiffs/Appellants/Appellants shall be referred to in these proceedings as plaintiffs and the Defendants/ Respondents/Respondents as Defendants. The case of the trial High Court did not go beyond application for directions stage and therefore the facts appear not to be contentious. On 13/2/2009 the plaintiffs commenced these proceedings against the defendants claiming several reliefs which should be stated to enable one to appreciate the basis for this decision: 1. An order directed at the 3rd defendants to expunge from their records the following indentures in favour of the 1st defendant on grounds of fraud: - ...