NUMO CHARLES MARTEY QUASHIE AND WESTERN ALLOY CO. LTD. vs. L & A PACIFIC INTERNATIONAL LIMITED, ITAL CONSTRUCTION INT. LTD., U.T. BANK, LANDS COMMISSION AND LAND TITLE REGISTRY

The facts of this case are that the first Plaintiff leased a 50.869 Acres or 20.551 Hectares of land at Dawhenya to Heritage Key Properties for a term of 99 years in the year 2000. The Heritage Key Properties assigned all its interest in the land to the 2nd Plaintiff in 2005. 2nd Plaintiff also went ahead to assign its interest in the land to the 1st Defendant. There was an arrangement plan with regards to the payment. The 1st Defendant however failed to make full payment as agreed. Eventually, it assigned portions of the land to the 2nd Defendant and also surrendered about 12 Acres of the land to the 2nd Plaintiff. When the 2nd Plaintiff went to the Lands Commission to register the Deed of Surrender, it was informed that the 1st Defendant had mortgaged the entire land to the 3rd Defendant. The 2nd Plaintiff was not allowed by the Lands Commission to register the Deed of Surrender, due to the mortgage registered in the name of the 3rd Defendant. Plaintiffs commenced this action mai...