[2025]DLSC18371 • April 2, 2025 • Supreme Court •
AGATE ENTERPRISE & TRANSPORT SERVICES LIMITED vs. KWAME DJAN AND LEMET CONSTRUCTION LIMITED
The plaintiff, a transport company, entered into a sale agreement with the 1st defendant for land at Bejuahum near Dome, Accra, paying part of the purchase price to redeem a mortgage on the land. The 1st defendant later sold the same land to the 2nd defendant without disclosing the prior agreement. The 2nd defendant claimed to be a bona fide purchaser for value without notice of the plaintiff's equitable interest. The plaintiff sought specific performance and to set aside the transfer to the 2nd defendant.
read moreJUDGMENT GAEWU JSC: My lords, the core issue in this case on appeal before us for our determination is whether the 2nd defendant/appellant/appellant (hereinafter referred to as the ‘2nd defendant’) was the bona fide purchaser of the legal estate for value without notice of the plaintiff/respondent/respondent (hereinafter referred to as the “plaintiff”) equitable interest in all that land situate and being at Bejuahum near Dome, Accra, in the Greater Accra Region of the Republic of Ghana containing an approximate area of 1.446 acres, which land is particularly described in a deed dated 10th August 1988 made between Madam Felicia Dede Addy and the 1st defendant and registered in the Land Registry as No. 1904/1988. However, before we proceed to deal with this issue, we would like to state briefly the facts leading to this case. FACTS On 17th May 2007, the plaintiff, a company registered under the laws of the Republic of Ghana and engaged in the business of busing employees...