[2012]DLCA8631 • November 22, 2012 • Court of Appeal
MADAM ABIGAIL TWUBA HALM vs. GRACOMA LTD, KINSLEY GRAHAM, REGIONAL LANDS COMMISSION, MRS. SELMA FRANCES MANCELL EGALA AND CAPE COAST MUNICIPAL ASSEMBLY
The appellant, Madam Abigail Twuba Halm, initiated legal action claiming title and ownership over a parcel of land located in Cape Coast, alleging unlawful transfer and registration of the property to the 1st and 4th respondents. The appellant sought multiple reliefs including declaration of title, cancellation of registration, damages for trespass, recovery of rent arrears, possession, and injunctions. The 4th respondent challenged the appellant's legal capacity to sue, asserting that the property was owned by the 1st respondent company and that the appellant was not a member or had any interest in the company to confer capacity to sue.
read moreMARFUL-SAU, JA: - On the 11th of April 2008 the Plaintiff who is the appellant herein caused a writ of summons to be issued against the defendants who are the respondents herein. The writ itself was endorsed with 8 reliefs namely:- ‘’a .A declaration of title to all that piece or parcel of land together with buildings thereon situate, lying and being at Cape Coast in the Central Region of Ghana and bounded as follows: i) On the North by Sarbah Road measuring 110 feet more or less. ii) On the South by open space measuring 97feet more or less iii) On the East by open space measuring 46 feet more or less. iv) On the West by Tantri road measuring 140 feet more or less and having an approximate area of 0.28 acres. b. An order setting aside the unlawful transfer of the said property to the 1st and 4th defendants. c. An order to the 3rd defendant to cancel the unlawful registration of the said land in the names of the 1st and 4th defendants. d. An order to the 5th defendant to can...