[2017]DLCA4397November 15, 2017Court of Appeal

AARON WISTON KWASHIE FIAGBEDZIE vs. MAWULI KARIMU AND TOGBE KPONOR KWASI

SOWAH, J.A.: Additional Grounds of Appeal:- 1. Failure of the deciding Judge to realize that the plaintiff/respondent as a Joint Administrator lacked capacity to execute any agreement such as Exhibit ‘E’ with the defendant/appellant without any authority such as a Power of Attorney from his mother as the other Joint Administrator (Administrix). 2. Failure of the deciding Judge to realize that Exhibit ‘E’ is not any valid document executed by the defendant/appellant it having been tempered with by plaintiff/respondent by unilaterally adding a site plan thereto i.e. that the doctrine and/or principle of “Non Factum Est” applies. 3. Failure of the deciding Judge to realize that failure of the plaintiff/respondent to produce and/or tender any previous tenancy agreement between his late father and the defendant/appellant’s late father is fatal to his action. 4. Failure of the deciding Judge to realize that Exhibit ‘E’ is unenforceable for lack of registration under ...