[2008]DLCA6224 • July 31, 2008 • Court of Appeal
MADINA SHOPPING MALL ASSOCIATION vs. ROSEHILL GHANA LIMITED, E. M. FRIMPONG AND JIMMY NUFU
The 2nd Defendant, Managing Director of Rosehill Ghana Limited, acquired land at Madina and constructed stores. Traders, claiming membership of Madina Shopping Mall Association, deposited sums ranging from ¢6 million to ¢40 million cedis for allocation of stores, allegedly for outright purchase based on an oral agreement. However, upon completion, the Defendants presented tenancy agreements, asserting the deposits were goodwill payments for leasehold, not sale. Negotiations failed, leading to suit by the Association on behalf of 88 members claiming ownership rights and related reliefs.
read morePIESARE, J.A. This an appeal against the judgment of the Fast Track High Court, dated 24th July, 2007, delivered by Ayebi [J], brought by the MADINA SHOPPING MALL ASSAOCIATION, suing for and on behalf of its 88 members. Now, looking at the endorsed capacity of the Madina Shopping Mall Association on the Writ of Summons, it is not difficult to see that the Madina Shopping Mall Association is not the true appellant in this appeal. The appellants are the traders themselves. The Madina Shopping Mall Association is only in the position of an ATTORNEY, and could not therefore have been permitted to prosecute the plaintiff/appellants’ action at the Court below, without a POWER OF ATTORNEY. I will come back to this issue in due course. The appellants filed numerous grounds of appeal, viz: [a] That the evidence is against the weight of the evidence on record. [b] That the learned trial judge erred by making wrong findings of fact and thereby arrived at wrong conclusions resulting in.....