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MADAM RANDI LARTEY & ORS v. YAW ABOAH DJIN & ANOR

2022

SUPREME COURT

GHANA

CORAM

  • PWAMANG JSC (PRESIDING)
  • DORDZIE (MRS.) JSC
  • AMEGATCHER JSC
  • PROF. KOTEY JSC
  • TORKORNOO (MRS.) JSC

Areas of Law

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

AI Generated Summary

The Supreme Court of Ghana, per Amegatcher JSC, dismissed an appeal by the 2nd and 3rd plaintiffs arising from a land dispute over Prampram property. The litigation began with the High Court’s judgment for the plaintiffs, later set aside by the Court of Appeal. The Supreme Court first addressed joinder, striking out the 1st plaintiff and the 2nd defendant as unnecessary parties who had divested their interests, noting they should have served as witnesses. On the omnibus ground, the Court reiterated that appeals are by rehearing and require specific evidential lapses; the appellants offered none, and the Court of Appeal’s review (including the respondent’s counterclaim) stood. On the merits, the Court rejected the appellants’ plea of bona fide purchaser for value without notice, emphasizing the need for official pre-acquisition searches at the Lands Commission. It further clarified that under PNDCL 152 and LI 1341, transfers of registered land are effected by prescribed transfer instruments, not deeds of assignment. With these holdings, the Supreme Court affirmed the Court of Appeal and dismissed the appeal.

JUDGMENT