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PAPA GYIMAH GENFI v. DR. J. K. ACQUAYE

2013

COURT OF APPEAL

GHANA

CORAM

  • MARFUL-SAU, JA (PRESIDING)
  • OFOE, JA
  • TORKORNOO, JA

Areas of Law

  • Property and Real Estate Law
  • Evidence Law
  • Equity and Trusts

AI Generated Summary

The appeal concerns a land dispute where the appellant claimed to be an innocent purchaser of a disputed parcel of land. The High Court had previously declared the appellant's claim invalid, recognizing the respondent's interest, which was supported by possession and previous litigation confirming the fraudulent nature of the purported Deed of Gift. The appellate court upheld the High Court's decision, finding that the appellant had knowledge of the respondent's claim and possession. The appellant's arguments on procedural grounds and the validity of his Land Title Certificate were also dismissed, citing principles that fraud vitiates all transactions and asserting that possession provides a legal basis for a claim to title.

JUDGMENT