ROSINA ARYEE vs. SHELL GHANA LTD AND FRAGA OIL

BENIN, JSC:- This appeal raises two important principles of law, namely nemo dat quod non habet and priority of registrable instrument by a bona fide purchaser, which were relied upon by the plaintiff and the defendants, respectively. The trial High Court as well as the Court of Appeal agreed that the prior registration by the co-defendant who they considered a bona fide purchaser should prevail both on the facts and the law. The facts of this case are very simple. The State Housing Company, hereafter called the Company, leased the land in dispute numbered 4A Lami Dwaahe Street situate at Adentan Housing Estate to the plaintiff/appellant/appellant, hereafter called the plaintiff. The plaintiff leased the land to the Defendant/respondent/respondent, hereafter called the defendant, for a term of fifteen years. Under the terms of the lease agreement the defendant paid the plaintiff rent advance for ten years, with rent for the remaining five years to be paid later at an appointed date....