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
- Civil Procedure
2012
SUPREME COURT
CORAM
AI Generated Summary
This Supreme Court decision, authored by Justice Anin Yeboah, resolves a land title conflict in Accra between a plaintiff who purchased in 2004 through Emmanuel Roger Amudzi, derived from Carl Reindorf, and a respondent who claimed an earlier 2003 purchase from the Reindorf family with Reindorf acting as representative. The respondent pleaded fraud, alleging that Amudzi forged Reindorf’s signature, and obtained a counterclaim after a forensic expert confirmed the forgery on the deed forming the plaintiff’s root of title. Although the High Court held for the plaintiff as a bona fide purchaser for value without notice, the Court of Appeal reversed and awarded damages. On final appeal, the Supreme Court held that the evidence of fraud was overwhelming, that section 13 of the Evidence Act’s standard was satisfied, and that the appellant failed to carry the burden of the bona fide purchaser plea in light of a tainted title and lack of diligence. Applying established appellate review principles and authorities including Pilcher v Rawlins, the Court dismissed the appeal and affirmed the Court of Appeal.
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