ISAAC DUNWELL DARKWA VS ZONDA TECH GHANA LIMITED & LANDS COMMISSION & 2ORS
2024
HIGH COURT
GHANA
CORAM
- LORDSHIP JUSTICE BERNARD BENTIL
Areas of Law
- Property and Real Estate Law
- Equity and Trusts
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff filed an action to reclaim title to a parcel of land against several Defendants, asserting that fraudulent transactions had taken place without his knowledge. The Defendants argued they conducted sufficient due diligence. The court ruled in favor of the Plaintiff, finding that the Plaintiff had a valid title, and the subsequent transactions were fraudulent. The court also noted negligence by the 2nd Defendant in the registration process, and the lack of due diligence by the 3rd and 4th Defendants.
The original Writ of Summons commencing this action was issued by the Plaintiff on 12th November, 2021 against the 1st and 2nd Defendants only for the reliefs indorsed thereon.
Subsequent to an application for joinder by the 3rd and 4th Defendant, an order dated 30th November, 2021 was made by the Court (differently constituted) which joined the 3rd and 4th Defendants as Parties to this suit.
The Plaintiff case is that pursuant to a Lease dated 4th March, 2004, the Gomoa Feꢀeh Stool, acting through Ebusuapanyin John Kojo Amokwandor granted a parcel of land containing an approximate area of 1. 1 acres to the Plaintiff for a term of ninety-nine(99) years with the option of renewal for a further term of forty-five (45) years.
After the acquisition of this land (which the subject maꢀer of this suit), the Plaintiff proceeded to pay the ground rent and he continues to pay ground rent consistent with his right in the property.
He subsequently registered his interest in the land in dispute as No. 564/2005. The Plaintiff says that he acquired the said parcel of land purposely for the development of estate properties along the Accra-Winneba Road.
Further to this, he commenced the necessary processes to obtain the requisite permits and resources for the intended purpose.
The Plaintiff has been in possession and has enjoyed quiet possession of the said land until his aꢀention was drawn to the fact that the whole of the said land had been encroached upon by the 1st Defendant who was undertaking some construction works on the disputed land.
The Plaintiff states that sometime in 2017, he had cause to believe that there had been some suspicious transactions in respect of the disputed land.
Consequently, he caused an official search to be conducted on his land at the Lands Commission, Cape Coast and the search revealed certain land transactions that had been carried out in his name in respect of the said parcel of land between 2013 and 2015. The said transactions purports to convey the Plaintiff’s interest in the land in dispute by way of assignment to one Joseph Kodjo Nyamekye and subsequently to Kwame Osei Obeng.
The Plaintiff says that he had no knowledge of the said transaction and he has never instructed the land in dispute be made the subject maꢀer of the said suspicious transactions.
The Plaintiff avers that when he became aware of these fraudulent land transactions in respect of the land in dispute, he instructed his lawyers to write to the 2nd Defendant in October 201