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JUDGMENT
KANYOKE, JA:-
This is an appeal by the 2nd defendant/appellant [hereinafter referred to as the appellant] against the judgment of the High Court, Tema dated the 31st day of July 2002, in which it was adjudged inter alia that one Madam Teresia Tamakloe is the owner of Plot No F. 50 Tema.
The appellant being aggrieved by that judgment filed an appeal against the said judgment on the 1st day of October 2002 on seven grounds of appeal.
However on the 15th January 2007, in pursuance of leave granted by this court the appellant filed three additional grounds of appeal.
But in his written address filed on the 20th February 2007 learned counsel for the appellant argued only the additional grounds of appeal and abandoned the original grounds of appeal.
The additional grounds of appeal read as follows:
“(1) The learned trial judge erred in failing to consider the lack of capacity on the part of the plaintiff to commence the action.
(2) The learned trial judge erred in relying on the report tendered in evidence as Exhibit C1 in arriving at her conclusion of the matter.
(3) The judgment is against the weight of evidence.” I shall return to these grounds of appeal later on in the judgment but for the mean time the facts of the case culminating in the commencement of the action and this appeal: On the 16th day of December 1974 one Madam Teresia Tamakloe was allocated Plot No.E. 150 now known as Plot No. F. 50 by the Tema Development Corporation (TDC). Before then the Ashiaman Mantse had in December 1974 executed a document [Exhibit B] in respect of the disputed plot in favour of Madam Teresia Tamakloe.
Exhibit B was endorsed by the Paramount Chief of Tema.
On the basis of Exhibit B the T.D.C. on 25th September 1975 by a letter [Exhibit C] dated 29th September 1975 offered to grant a lease of the said Plot to Madam Tamakloe on conditions for a term of sixty years renewalable for another thirty [30] years.
On 12th November 1975 Madam Tamakloe wrote a letter [Exhibit G] accepting the offer for the Lease on the prescribed conditions and terms.
It is averred that after meeting all the conditions in the offer letter Madam Teresia Tamakloe took physical possession of the disputed plot by not only obtaining a building permit [Exhibit H] but also causing to be deposited on the said plot two trips of sand, four trips of stones and 800 4” blocks.
She also cleared the plot and excavated and erected a cement platform for the construction works.
Madam Tamakl