FRANK AGYEMANPREMPEH v. AMON KOTEY & ORS

This Ghana Court of Appeal case arises from a land dispute over a parcel at McCarthy Hill, Accra, originally acquired by the plaintiff from the Gbawe Kwartei Family in 2007 and later expanded to a total of approximately 0.64 acres. The first defendant, identified as Amon Kotey/Joseph Amon Quartey, claimed a prior 2003 lease and assigned his interest to the third defendant, Susan Korkor Sam, who took possession and commenced development. The plaintiff initially joined the Ghana Police Service due to alleged harassment but discontinued against it. The High Court dismissed the plaintiff’s claims after relying heavily on a court-appointed surveyor’s testimony and questioning the plaintiff’s title certificate. On appeal on the sole ground that the judgment was against the weight of evidence, the Court of Appeal distinguished conveyance from registration, found valid grants in the plaintiff’s executed indentures, determined the plaintiff’s title certificate to be valid and indefeasible absent fraud, applied the presumption of regularity to the registry’s acts, and concluded that the first defendant’s land lay elsewhere and the third defendant was not a bona fide purchaser. The court allowed the appeal, declared title, ordered recovery and demolition, awarded damages and costs, and issued a perpetual injunction.