RICHARD OSAE DUODU v. NANA AMA BENEWAH
2012
SUPREME COURT
CORAM
- DR. DATE-BAH, J.S.C. (PRESIDING)
- ANSAH, J.S.C.
- ANIN YEBOAH, J.S.C.
- GBADEGBE, J.S.C.
- AKOTO-BAMFO (MRS),J.S.C
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Contract Law
2012
SUPREME COURT
CORAM
AI Generated Summary
The plaintiff purchased land in Accra and registered his title, only to face a claim from the defendant that the plaintiffs grantor had forged the signature of the original owner. The trial court ruled in favor of the plaintiff, accepting his plea of being a bona fide purchaser for value without notice. The Court of Appeal overturned this ruling, finding evidence of fraud and ruling in favor of the defendant. The Supreme Court upheld the Court of Appeals decision, confirming that the plaintiff's title was tainted by fraud, and noting that the burden of proving bona fide purchaser status was not adequately met.
ANIN YEBOAH ,J.S.C
My Lords, this appeal before us is against the judgment of the Court of Appeal, Accra which on 3rd of August 2012 reversed the judgment of the High Court, Accra. We have been invited to allow the appeal and restore the judgment of the learned trial judge.
The facts of this appeal appear not to be in serious controversy. The plaintiff, on 25/08/2004 sued the defendant who is the respondent herein for a declaration of title to a parcel of land at Accra. Other reliefs which were ancillary were also sought against the respondent.
In a nutshell, his case was that the land in dispute was sold to him by one Emmanuel Roger Amudzi in 2004. The said Emmanuel Roger Amudzi had obtained his grant from one Carl Reindorf.
Thereafter he had his title registered at the Lands Commission Secretariat after he had conducted a search which revealed that the original owner of the land was the Reindorf family of Accra which conveyed the land to his grantor. It was in course of developing the land that the respondent herein laid claim to the land alleging that she was the owner of the land by purchase from the same Reindorf family in 2003 and that one Carl Reindorf executed the deed on behalf of the said family as its legal representative.
The respondent went further to plead that the grantor of the plaintiff, the said Emmanuel Roger Amudzi, forged the signature of the said Carl Reindorf to get the document of title duly registered. The respondent, armed with this serious allegations of fraud pleaded the particulars as in paragraph 14 of the statement of defence as follows:
14. In answer to the arguments in paragraph 7 of the Statement of Claim, the defendant says that the said document has been fraudulently procured as his grantor forged the signature of Defendant’s grantor.
PARTICULARS OF FRAUD
That the plaintiff’s grantor, Emmanuel Amudzi did forge the signature of defendant’s grantor, legal owner of the land and succeeded to register same and therefore states that the said document is a nullity and transfers no title.
The respondent then proceeded to lodge a counterclaim for declaration of title and other reliefs for the same parcel of land claimed by the plaintiff. The suit at the trial court suffered several interlocutory applications which appear not to be necessary for determination of this appeal.
At the application for directions stage, however, the respondent who alleged fraud raised an issue calling upon the court to appoint a forensic exp