[2024]DLCA17739 • April 18, 2024 • Court of Appeal
HENRY ERIC TETTEH ADJAOTTOR vs. KOFI ANNAN
The Plaintiff purchased a house from Theresa Annan, who was the lawful lessee of the property, after examining her receipts and making enquiries with the Tema Development Corporation (TDC). The Plaintiff claimed to be a purchaser for value without notice and sought ejectment of the Defendant, who claimed the property belonged to his late father and that Theresa Annan was a trustee holding the property for the Defendant and his siblings. The Defendant argued that the transfer to the Plaintiff was an administrative error and that the Plaintiff's vendor lacked capacity to transfer the property as she was a trustee for the beneficiaries (the Defendant and siblings).
read moreJUDGMENT STEPHEN OPPONG, JA This is an appeal against the judgment of the High Court sitting at Tema dated the 12th day of October 2021. Dissatisfied with the judgment, the Plaintiff/Appellant herein launched an appeal against the aforesaid judgment on the 6th day of January 2022 on the following grounds: a. The judgment is against the weight of evidence before Her Ladyship the High Court Judge. b. Her Ladyship the High Court Judge erred when she posited that Theresa Annan was just a legal tenant and therefore could not have transferred her interest in H/No. AF 13 Community 7 to Plaintiff when it was overwhelmingly clear that it was TDC the owners of Tema Acquisition area which made the transfer into the name of the Plaintiff upon the instruction of the said Theresa Annan. c. Her Ladyship the judge erred in law and in fact when she found that the alleged conveyance is wrongful. PARTICULARS OF ERRORS IN LAW i. Fraud was not pleaded (please see Order 11 R 8 of the High Court (Ci...