ADRIANUS A. K. V. VEGGEL v. CLARA NAADU NARTEY & ANOR
March 19, 2023
SUPREME COURT
GHANA
CORAM
- SACKEY TORKORNOO (MRS) CJ (PRESIDING)
- AMADU JSC
- ASIEDU JSC
- GAEWU JSC
- DARKO ASARE JSC
JUDGEMENT
JUDGMENT
ASIEDU, JSC:
[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 in the English language was given all the opportunity to read the content of the deed of assignment to know what he was signing and in whose favour he was signing the document. 21, Community 1, Tema and numbered I/J8.
(b)An order directed to the Tema Development Company to expunge from its records any name or names however entered other than Plaintiff’s, in respect of the ownership of H/No. I/J8, Site 21, Community 1, Tema.
(c) Recovery of possession of the said property from Defendant [Appellant herein]. (d)Damages for trespass.
(e)Perpetual injunction restraining Defendant by herself, agents, servants, workmen, privies or assigns or whomsoever from howsoever continuing to obstruct and interfere with Plaintiff’s rights to the property.
By an order of transfer by the Honourable Chief Justice, the suit was transferred from the High Court, Accra, to the High Court, Land Division, Tema. Pursuant to leave of the trial Court, the Tema Development Corporation was joined as 2nd Defendant. The writ of summons was, therefore, amended to reflect the joinder of 2nd Defendant.
[3.1]. The Respondent pleaded that, the Respondent is a Ghanaian-Dutch national domiciled in Holland. That the property subject matter of the suit, H/No. 1/J8, Site 21, Community 1, Tema, originally owned by the Respondent’s late mother, was transferred to the Respondent by the Respondent’s father, acting as administrat