ABRAHAM AKOTUAH FIANKO & 2 ORS V. LAND TITLE REGISTRY & MATHEW AKOTUA ADDO

JUDGMENT

[1] Introduction and background

Indeed fraud vitiates everything. It is apposite to quote Edward Wiredu JSC (as he then was) in Okofoh Estates Ltd v Modern Signs Ltd [1996-97] SCGLR 233 at 253 as follows: “An allegation of fraud goes to the root of every transaction. A judgment obtained by fraud passes no right under it and so does a forged document or a document obtained by fraud passes no right”. Lord Denning LJ in the case of Lazarus Estates Ltd v Beasley [1956] 1 QB 702 at page 712 delivered himself thus:

“No court in this land will allow a person to keep an advantage which he has obtained by fraud. No judgment of a court, no order of a Minister, can be allowed to stand if it has been obtained by fraud. Fraud unravels everything. The court is careful not to find fraud unless it is distinctly pleaded and proved; but once it is proved, it vitiates judgments, contracts and all transactions whatsoever”.

In the case of Dzotepe vs Hahormene III (1987-88) 2 GLR 681 at 701 the Suprem…