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RICHARD OSAE DUODU v. NANA AMA BENEWAH

August 3, 2010

COURT OF APPEAL

GHANA

CORAM

  • G. M. QUAYE J.A. (PRESIDING)
  • C. J. HONYENUGA J.A.
  • IRENE DANQUAH J.A

Areas of Law

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

AI Generated Summary

In the Ghana Court of Appeal, Honyenuga J.A. reviewed a land dispute from the High Court, Accra, concerning a parcel at Dome. Samuel Mensah (plaintiff/respondent) bought the land from Emmanuel Roger Amudzi, executed and registered an indenture, and advanced construction. The defendant/appellant claimed a prior purchase from Carl Josiah Reindorf and challenged the respondent’s vendor’s title as fraudulent. A police forensic expert concluded that Reindorf’s signature on the respondent’s vendor’s root deed was forged. Although the trial judge accepted the fraud evidence, he still deemed the respondent an innocent purchaser and prioritized the respondent’s registered instrument. On appeal, the court held that fraud vitiates all transactions, registration under Act 122 does not guarantee title, and the respondent had actual and imputed notice and failed to investigate. The appellate court set aside the High Court’s judgment, upheld the appellant’s counterclaim, and awarded nominal damages of GH2,000 for trespass, with Quaye J.A. and Danquah J.A. concurring.

JUDGMENT