NUUMO ADJEI KWANKO II & FALCON CREST INVESTMENT LIMITED vs. JUDEVILLE HOMES GHANA LIMITED AND THE REGISTRAR LAND TITLE DIVISION ,LANDS COMMISSION, ACCRA DALEX FINANCE & LEASING COMPANY & MARINA DISTRIBUTION COMPANY LTD

The Respondents commenced an action against the 1st and 2nd Defendants seeking to annul a lease and cancel a Land Title Certificate due to failure of consideration. The High Court granted judgment in favor of the Respondents, cancelling the Land Title Certificate held by the 1st Defendant. The Appellant, a mortgagee registered on the disputed land, filed an application to set aside the default judgment and obtained an injunction, which was dismissed by the High Court. The Appellant appealed to the Court of Appeal, which dismissed the appeal. The Appellant then appealed to the Supreme Court.

JUDGMENT KOOMSON JSC: INTRODUCTION & FACTS: This is an appeal against the decision of the Court of Appeal dated 25th April 2018. The Court dismissed the Appeal by the 1st Applicant /Appellant/Appellant (hereinafter to be referred to as “The Appellant”). By a Writ of Summons and Statement of Claim dated the 5th day of November, 2015 the Plaintiffs/Respondents/Respondents (hereinafter referred to as Respondents) commenced an action against the 1st and 2nd Defendants claiming the following reliefs: 1. An order annulling the lease dated the 7th day of July, 2011 between 1st Plaintiff and the 1st Defendant for failure of consideration. 2. An order directing the 2nd defendant to cancel Land Title Certificate No. GA. 37952 Vol. 46 folio 210 in the name of 1st defendant (Judeville Homes Ltd.) and re-issue one in the name of 2nd Plaintiff (Falcon Crest Investment Ltd.) 3. Cost The Respondents obtained judgment on 11th January 2016 against the 1st and 2nd Defendants at...