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JOHN K. A KLU V. MAVIS DARKO & DR. KOFI KONADU APRAKU

(2009) JELR 68475 (SC)

Supreme Court  •  CIVIL APPEAL J4/15/2007  •  25 Nov 2009  •  Ghana

Coram
ATUGUBA J.S.C. (PRESIDING),ANSAH J.S.C,ADINYIRA (MRS) J.S.C,OWUSU (MS) J.S.C., BAFFOE-BONNIE J.S.C.

Judgement

JUDGMENT

ATUGUBA, J.S.C:

FACTS OF THE CASE

The Plaintiff/Respondent/Appellant (herein-after referred to as the plaintiff) and co-defendant/appellant/respondent (herein-after called the co-defendant) assert rival titles to plot no. 234 block 8 Section 114 situate at La-Bawaleshi (East Legon).

Resolution of the rival titles

The trial judge resolved the rival claims in favour of the plaintiff on the grounds inter alia, that the plaintiff was a bona-fide purchaser of the land without notice of the fact that Nii Odai Ayiku IV of Nungua the grantor of his vendor had been, prior to his vendor's purported acquisition of title from him, destooled. As to a judgment affecting the land by an Accra Circuit Court the trial judge held that it is a settled principle that a purchaser of land is not estopped or affected by a judgment adverse to his vendor in proceedings commenced subsequent to the acquisition of his title. The trial judge also held that if the co-defendant had made the proper search at the …

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