RICHARD OSAE DUODU vs. NANA AMA BENEWAH [2012]DLSC6441

Date	2012-12-04
Suit No.	CIVIL APPEAL NO. J4/32/2011
Citation No.	[2012]DLSC6441

DR. DATE-BAH J.S.C. (PRESIDING)

ANSAH J.S.C.

ANIN YEBOAH J.S.C.

GBADEGBE J.S.C.

AKOTO-BAMFO (MRS) J.S.C.

G. H. QUIST FOR THE PLAINTIFF/RESPONDENT/APPELLANT

NUTIFAFA NUTSUKPUI KUENYEHIA FOR THE DEFENDANT/APPELLANT/ RESPONDENT

[2012]DLSC6441
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													<main id="main" class="content" style="min-height: 60rem" >RICHARD OSAE DUODU <o:p></o:p>(PLAINTIFF/RESPONDENT/APPELLANT)<o:p></o:p>vs.<o:p></o:p>NANA AMA BENEWAH <o:p></o:p>(DEFENDANT/APPELLANT/RESPONDENT)<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;<o:p></o:p>[SUPREME COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">CIVIL
APPEAL NO. J4/32/2011&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 4TH DECEMBER, 2012<o:p></o:p>

</div>COUNSEL:<o:p></o:p>G. H. QUIST FOR THE
PLAINTIFF/RESPONDENT/APPELLANT. <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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NUTIFAFA NUTSUKPUI KUENYEHIA FOR THE
DEFENDANT/APPELLANT/ RESPONDENT.<o:p></o:p>

</div>CORAM:&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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DR. DATE-BAH, J.S.C. (PRESIDING)
ANSAH, J.S.C. ANIN YEBOAH, J.S.C. GBADEGBE, J.S.C. AND AKOTO-BAMFO (MRS),
J.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUDGMENT<o:p></o:p>

</div>ANIN
YEBOAH , J.S.C <o:p></o:p>My
Lords, this appeal before us is against the judgment of the Court of Appeal,
Accra which on 3rd of August 2012 reversed the judgment of the High Court,
Accra. We have been invited to allow the appeal and restore the judgment of the
learned trial judge. <o:p></o:p>The
facts of this appeal appear not to be in serious controversy. The plaintiff, on
25/08/2004 sued the defendant who is the respondent herein for a declaration of
title to a parcel of land at Accra. Other reliefs which were ancillary were
also sought against the respondent. <o:p></o:p>In
a nutshell, his case was that the land in dispute was sold to him by one
Emmanuel Roger Amudzi in 2004. The said Emmanuel Roger Amudzi had obtained his
grant from one Carl Reindorf. <o:p></o:p>Thereafter
he had his title registered at the Lands Commission Secretariat after he had
conducted a search which revealed that the original owner of the land was the
Reindorf family of Accra which conveyed the land to his grantor. It was in
course of developing the land that the respondent herein laid claim to the land
alleging that she was the owner of the land by purchase from the same Reindorf
family in 2003 and that one Carl Reindorf executed the deed on behalf of the
said family as its legal representative. <o:p></o:p>The
respondent went further to plead that the grantor of the plaintiff, the said
Emmanuel Roger Amudzi, forged the signature of the said Carl Reindorf to get
the document of title duly registered. The respondent, armed with this serious
allegations of fraud pleaded the particulars as in paragraph 14 of the
statement of defence as follows: <o:p></o:p>14.
In answer to the arguments in paragraph 7 of the Statement of Claim, the
defendant says that the said document has been fraudulently procured as his
grantor forged the signature of Defendant's grantor. <o:p></o:p>PARTICULARS
OF FRAUD <o:p></o:p>That
the plaintiff's grantor, Emmanuel Amudzi did forge the signature of defendant's
grantor, legal owner of the land and succeeded to register same and therefore
states that the said document is a nullity and transfers no title. <o:p></o:p>The
respondent then proceeded to lodge a counterclaim for declaration of title and
other reliefs for the same parcel of land claimed by the plaintiff. The suit at
the trial court suffered several interlocutory applications which appear not to
be necessary for determination of this appeal. <o:p></o:p>At
the application for directions stage, however, the respondent who alleged fraud
raised an issue calling upon the court to appoint a forensic expert to examine
and report on all the relevant documents in connection with the case to assist
the trial court to determine the issue of forgery. Based on this issue the
trial judge made an order for examination by the forensic expert of all the
relevant documents. The order was complied with and the said Carl Reindorf
offered specimen signatures for examination. <o:p></o:p>At
the trial court, the expert witness (CWI), gave evidence and made it clear that
exhibit "A" which is the title deed transferring the land in dispute
by Carl Reindorf to Emmanuel Roger Amudzi, was not genuine as the signature of
Carl Reindorf was forged. Parties and their witnesses gave evidence without any
application to join any of their respective grantors as expected in such a
case. As misjoinder or non-joinder of any party does not affect an action the
trial court was bound to determine the rights of the two parties before it.
However, on 20/12/2007, the learned trial judge delivered his judgment in
favour of the plaintiff on the grounds that at the time the plaintiff purchased
the land he was unaware of any fraud and declared the plaintiff as a bona fide
purchaser for value without notice. <</main>