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OKONTI BORLEY & ORS v. HAUSBAUER LIMITED

2021

SUPREME COURT

CORAM

  • BAFFOE-BONNIE, JSC (PRESIDING)
  • APPAU, JSC
  • DORDZIE (MRS.), JSC
  • HONYENUGA, JSC
  • AMADU, JSC

Areas of Law

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

AI Generated Summary

Justice Amadu delivered the Supreme Court’s judgment in a land title dispute over about 132.25 acres at South Nmai Dzovn between family heads (Appellants) and a Respondent. The High Court had granted all reliefs to the Appellants and ordered expungement of the Respondent’s registration. The Court of Appeal unanimously reversed after reevaluating the record, finding the Appellants failed to discharge their burden of proof and that their confirmatory deed, Exhibit ‘A’, could not have been executed in 1993 and bore multiple indicia of forgery. At the Supreme Court, most grounds of appeal were struck out under C.I. 16, leaving only the omnibus ground that the judgment was against the weight of evidence. Applying rehearing standards and the doctrine that fraud vitiates everything, the Court found the Appellants’ evidence of ancestral settlement and possession unsatisfactory, accepted the Court of Appeal’s analysis of Exhibit ‘A’, and dismissed the appeal, affirming the Court of Appeal’s judgment.

JUDGMENT