STEPHEN ODURO v. AGNES PEPRAH & OTHERS

The High Court, per His Lordship Mr. Justice S. H. Ocran, resolved a title and execution dispute over House No. 3/120/19, Odorkor, Accra. Stephen Oduro, who had allowed his sister Agnes (also known as Agnes Achiaa or Agnes Peprah) to reside in the property while he lived abroad, sued after the 2nd defendant, a judgment creditor of Agnes, caused the house to be attached and sold at public auction on 30 August 2004 to the 3rd and 4th defendants. The court found Exhibit A (a 1983 building permit) referable to Oduro and accepted Exhibit B (a 1992 Land Title Certificate) as conclusive proof of his title, invoking the presumption of regular official acts and the indefeasibility of registered title. It criticized the 2nd defendant for failing to conduct searches and emphasized caveat emptor for the purchasers. Concluding that auction buyers take only the judgment debtor’s interest, and that Agnes had none, the court set aside the sale, canceled the purchase certificate, awarded possession to Oduro, dismissed damages, and imposed costs on the 2nd, 3rd, and 4th defendants.