ADRIANUS A. K. V. VEGGEL vs. CLARA NAADU NARTEY ,TDC DEVELOPMENT COMPANY

The Respondent, a Ghanaian-Dutch national domiciled in Holland, inherited property in Tema from his late mother, transferred to him by his father as estate administrator. The Respondent appointed the Appellant as caretaker and gave her power of attorney to sell the property. A sale agreement with a third party failed, and the Appellant reimbursed the deposit paid by the buyer. Subsequently, the Appellant, allegedly with the assistance of the 2nd Defendant (Tema Development Company), transferred ownership of the property to herself using a deed of assignment which the Respondent denies signing, alleging forgery and fraud. The Respondent sued for declaration of ownership, recovery of possession, damages, and injunction against the Appellant and the 2nd Defendant.

JUDGMENT [1.0]. INTRODUCTION: My Lords, this is an appeal against a judgment of the Court of Appeal dated the 17th November, 2022. The Court of Appeal, in the said judgment, dismissed an appeal by the 1st Defendant/Appellant/Appellant (herein referred to as the Appellant) and affirmed the judgment of the trial High Court which was delivered in favour of the Plaintiff / Respondent / Respondent (herein referred to as the Respondent). [2.0]. GROUNDS OF APPEAL: Dissatisfied with the judgment of the Court of Appeal, the Appellant has lodged the instant appeal on the grounds that: a. The learned Justices of the Court of Appeal erred when they failed to consider that the same deed of assignment which they found as a fact to have been signed by the Plaintiff also had the 1st Defendant’s name boldly written as Assignee on same signature page. b. The learned Justices of the Court of Appeal erred when they failed to consider that the Respondent being very literate and fluent.....