[2008]DLCA6717 • March 20, 2008 • Court of Appeal
DAVID TORKORNOO vs. THE CHIEF EXECUTIVE& GEORGE YAO BOTCHWAY
Madam Teresia Tamakloe was allocated Plot No. F. 50 by the Tema Development Corporation (TDC) in 1974/1975, supported by a document from the Ashiaman Mantse and a lease offer from TDC. She took possession by obtaining building permits and preparing the land. In 1991, the appellant trespassed, destroyed her preparations, and built structures which he rented out. After police and TDC appeared to favor the appellant, Madam Tamakloe appointed David Torkornoo as her attorney to institute legal action. However, the writ was issued in Torkornoo's name instead of hers. The appellant claimed ownership and possession of the plot, denying the plaintiff's claims.
read moreKANYOKE, JA This is an appeal by the 2nd defendant/appellant [hereinafter referred to as the appellant] against the judgment of the High Court, Tema dated the 31st day of July 2002, in which it was adjudged inter alia that one Madam Teresia Tamakloe is the owner of Plot No F. 50 Tema. The appellant being aggrieved by that judgment filed an appeal against the said judgment on the 1st day of October 2002 on seven grounds of appeal. However on the 15th January 2007, in pursuance of leave granted by this court the appellant filed three additional grounds of appeal. But in his written address filed on the 20th February 2007 learned counsel for the appellant argued only the additional grounds of appeal and abandoned the original grounds of appeal. The additional grounds of appeal read as follows: “(1) The learned trial judge erred in failing to consider the lack of capacity on the part of the plaintiff to commence the action. (2) The learned trial judge erred in relying on the .....