BENJAMIN DANQUAH
V.
AGNES AHADZI AND PIONEER MALLS

(2021) JELR 108966 (CA)

Court of Appeal · H1/168/2016 · 20 May 2021 · Ghana

CORAM

H. KWOFIE JA (PRESIDING), B. MENSAH JA, ARYENE JA

Ratio Decidendi

Core Terms ^Beta

plaintiff

defendants

disputed land

2nd defendant

supreme court

trial court

1st defendant

trial judge

land certificate

exhibit e

finding of fact

land certificate no ga

appellate court

bortei alabi family

judgment of the supreme court

2nd defendant’s counterclaim

land title registration law

weight of evidence

bortei alabi family of nungua

cancelled title deed

decision of the trial court

high court

said land certificate

discharge of defendant

judgment of the high court

learned judge

proper court order

subject of litigation

1st defendant’s title

absence of evidence

bona fide owners of the disputed land

breach of the rules of natural justice

cancellation of 2nd defendant

following grounds of appeal

following issues

forgery of signature

grantees of land

issue of illegality of the land title registry cancelling land certificate

land registry

owners of a larger track of land

respectful view

rules of natural justice

said cancelled certificate

subject matter of litigation

track of land

JUDGMENT

ARYENE JA

This is an appeal against the judgment of the High Court, Accra delivered on 3rd February 2011. In this judgment, we shall refer to plaintiff /Respondent as plaintiff and Defendants/Appellants as Defendants.

Plaintiff obtained judgment against the Defendants for reliefs endorsed on its amended writ of summons. 2nd Defendant’s counterclaim, was dismissed as unproven.

Aggrieved by the decision of the trial court, Defendants are in this court, praying for an order to reverse the judgment and for judgment to be entered on their counterclaim. Their prayer is brought under the following grounds of appeal:

1. That the judgment is against the weight of evidence.

2. That the learned judge erred in law when he failed to advert his mind to or address the issue of illegality of the land Title Registry cancelling land certificate no GA 9043 without a proper court order or due process under the Land Title Registration Law, 1986, (PNDCL 152).

3. The trial judge erred when h…

BENJAMIN DANQUAH V. AGNES AHADZI AND PIONEER MALLS

JUDGMENT

BENJAMIN DANQUAH
V.
AGNES AHADZI AND PIONEER MALLS