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RICHARD NOEL DIABA VS MARVIS ARYEE

2024

COURT OF APPEAL

GHANA

CORAM

  • P. BRIGHT MENSAH JA PRESIDING
  • AFIA SERWAH ASARE BOTWE JA
  • DR. OWUSU-DAPAA JA

Areas of Law

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

AI Generated Summary

This case involved an appeal by Richard Noel Diaba against a High Court judgment favoring Mavis Aryee in a land dispute. The Court of Appeal found that while the High Court had jurisdiction and did not err in rejecting certain evidence, its judgment was against the weight of evidence presented. The court held that Diaba had priority in regularizing title with State Insurance Company (SIC) as he applied first and disclosed pending litigation, while Aryee applied later and concealed material facts. The court ruled that SIC acted unfairly in regularizing Aryee's title while Diaba's earlier application was on hold, and that Aryee's land title certificate obtained during litigation was procured through fraud. The appeal was allowed, with judgment entered for Diaba on his claims against both SIC and Aryee. The case highlights principles of fairness in administrative decision-making, the effect of compulsory land acquisition on previous titles, and the court's power to set aside fraudulently obtained land titles.

JUDGMENT