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LARRY BLACKMORE VS SHERIFF BORTEY BORQUAYE

2018

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE ANTHONY OPPONG

Areas of Law

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

AI Generated Summary

This High Court land dispute involved a businessman plaintiff who acquired a 0.167-acre parcel at Baatsona-Accra through a chain of transactions dating back to 1972, including acquisitions tied to Teshie and Nungua and a monetary settlement with Regional Building & Contracting Company Ltd, followed by registration resulting in Land Title Certificate No. TD 11193. The defendant, the acting head of the Nii Bortey Konkonu family of Nungua, claimed the land belonged to the Nungua Stool, alleged longstanding family farming and possession, and attacked the plaintiff’s title certificate as fraudulent. After hearing both sides and reviewing registered instruments and witness testimony, the court held the defendant failed to prove fraud to the required standard and found the plaintiff’s possession and development more credible. Applying Section 43 of the Land Title Registration Act, the court recognized the indefeasibility of plaintiff’s registered title, dismissed the counterclaim, declared plaintiff the owner, granted a perpetual injunction, and awarded damages and costs.

JUDGMENT