Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

JEROME MANSO v. ISAAC MENSAH

2018

COURT OF APPEAL

GHANA

CORAM

  • F.G. Korbieh, J.A. (Presiding)
  • Agnes M. A. Dordzie (Mrs.), J.A.
  • I.O.Tanko Amadu, J.A.

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure
  • Evidence Law
  • Tort Law

AI Generated Summary

Presiding Justice F. G. Korbieh, J.A., writing for the Ghana Court of Appeal, dismissed an appeal in a land title dispute arising from the Lands Division of the High Court, Accra. The respondents title derived from a 1999 grant by the Numo Sowah Din Okpelor family of Teshie, acting through attorney Nii Okpelor Jacob Ablorh Mensah. The appellant claimed through DW1, Yakubu Abdalla, invoking a consent judgment and a 2009 instrument, and argued he was a bona fide purchaser for value without notice. The Court found the appellant never pleaded the bona fide purchaser defense and the grantor family had already divested its interest; under the nemo dat rule, no title passed to Abdalla or the appellant. The appeal was dismissed, the High Courts judgment affirmed, and general damages of GH10,000 were awarded to the respondent on variation under rule 15 of C.I. 19.

JUDGMENT