November 17, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal judgment concerns House No. 1/J8, Site 21, Community 1, Tema, originally owned by Mrs. Sara Van Veggel and later transferred by Tema Development Corporation (TDC) to her son, Andrianus Arnoldus Kojo Van Veggel. After an aborted 2006 sale to Georgina Nelson and her husband—who paid a £10,000 deposit—Clara Naadu Nartey was authorized under a power of attorney to find a buyer and refund the deposit. In 2010, Johannes Van Veggel discovered TDC had transferred title to Clara based on a 2009 consent letter. The trial court found forgery and fraud, canceled the transfer, and declared the plaintiff owner. On appeal, the Court of Appeal determined the deed’s signatures (from 2006) were genuine but the deed was manipulated; the 2009 consent letter was forged; there was no valid contract of sale; and any expenses owed did not confer title. The appeal was dismissed and the trial judgment affirmed.
RICHARD ADJEI-FRIMPONG JA:
The property, subject matter of this suit is House No.1/J8 situate at Site 21, Community 1, Tema. It was previously acquired by and registered in the name of Mrs. Sara Van Veggel (Nee Malm), mother of the plaintiff/respondent (herein plaintiff). She was married to Johannes Van Veggel, a Dutch who used to work for the Ghana Textiles Printing Company (GTP). The plaintiff was their only child.
The family residing in Tema later relocated to Holland where Mrs. Van Veggel died. The husband returned to Ghana to find a certain Richard Okine in possession of the property. The latter, who claimed to have advanced some monies to Mrs. Van Vaggel in connection with the acquisition of the property laid claim to same. Mr. Van Veggel resisted the claim. Around this time, he came into contact with the 1st defendant/appellant (1st defendant) and the two became friends of a sort.
In the eventual litigation over the property between Mr. Van Veggel and Richard Okine, the former relied on the 1st defendant for financial and other supports. He successfully recovered the property from Richard Okine. Thereafter, he had same transferred into the name of his son the plaintiff, at the outfit of the 2nd defendant (TDC). He returned to Holland, but in the meantime, put the 1st defendant in charge of the property. By a power of attorney, the appellant was mandated to find a buyer for the property. All these facts were beyond controversy at the trial. How then did the dispute arise?
The plaintiff pleaded that some time in 2006, one Georgina Nelson with her husband residing in London offered to purchase the property for 25,000 pounds sterling for which they made a deposit of 10,000 pounds sterling. The appellant, as attorney prepared a deed of assignment and presented it to him in Holland to sign. His father Mr. Van Veggel witnessed the document. Later the buyers decided not to go ahead with the purchase. The appellant was prevailed upon to refund the deposit to them, lease out the property and apply the proceeds to reimburse himself.
The plaintiff pleaded further, that in 2010, his father returned to Ghana only to discover to his shock and dismay that the 1st defendant, with the connivance of the TDC had transferred ownership of the property to the former. A report was made to the police whose investigations revealed that the 1st defendant had fraudulently procured documents purporting to show a transfer from him to her.
It was the plaintiff’s case that h