AZIMI SHAARANI vs REV. WILLIAM AMANKWAH
November 22, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP K. A. GYIMAH
Areas of Law
- Tort Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
AI Generated Summary
This High Court land dispute involved Azimi (Azmi) Shaarani and the estate of Rev. William Amankwah (substituted by Mrs. Rev. Rose Amankwah), each claiming the same parcel at Adjiriganor/North-West Nungua. Shaarani relied on a 2013 Land Title Certificate (TD 7841) and alleged earlier grants and possession since 2005, while the defendant relied on a 2005 lease from the Ashong Mlitse Family and longstanding possession with structures and a caretaker. After reviewing pleadings, a composite plan, police reports, Lands Commission correspondence, and family statements, the court found systematic irregularities and fraud surrounding Shaarani’s documentation, including backdated instruments, 2013-centric payments and building activities, and manipulated registration processes. Applying Ghanaian authorities on burden of proof, nemo dat, indefeasibility subject to fraud, and the primacy of the Conveyancing Act, the court held the plaintiff’s certificate invalid, declared the defendant owner, ordered cancellation of TD 7841, granted recovery of possession, damages for trespass (GH¢50,000), and a perpetual injunction.