AGATE ENTERPRISE & TRANSPORT SERVICES LIMITED V. KWAME DJAN AND LEMET CONSTRUCTION LIMITED

JUDGMENT

GAEWU JSC:

My lords, the core issue in this case on appeal before us for our determination is whether the 2 defendant/appellant/appellant (hereinafter referred to as the ‘2 defendant’) was the bona fide purchaser of the legal estate for value without notice of the plaintiff/respondent/respondent (hereinafter referred to as the “plaintiff”) equitable interest in all that land situate and being at Bejuahum near Dome, Accra, in the Greater Accra Region of the Republic of Ghana containing an approximate area of 1.446 acres, which land is particularly described in a deed dated 10 August 1988 made between Madam Felicia Dede Addy and the 1 defendant and registered in the Land Registry as No. 1904/1988. However, before we proceed to deal with this issue, we would like to state briefly the facts leading to this case.

FACTS

On 17 May 2007, the plaintiff, a company registered under the laws of the Republic of Ghana and engaged in the business of busing employees of corporate firms, commence…