2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, per Oppong JA with Dodoo JA agreeing and Anku-Tsede JA concurring, reviewed an appeal by Henry Eric Tetteh Adjaottor against the High Courts judgment over House No. AF/13, Community 7, Tema. The house began as a GPHA institutional tenancy under TDC; after Kwesi Annans death, TDC recognized his widow, Theresa Annan, as legal tenant on behalf of their under-18 children, thereby creating a trust. Adjaottor bought from Theresa Annan and relied on TDCs Transfer Declaration, claiming bona fide purchase. The Court held Theresa Annan was a bare trustee whose transfer conveyed only legal title subject to beneficiaries equitable interests; the Defendant beneficiary in possession could not be ejected. The trial courts unpleaded fraud finding was set aside. The appeal partially succeeded but largely failed, with the concurring opinion emphasizing inadmissibility of unstamped instruments and the purchasers lack of diligence.
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 (Civil Procedure) Rules, 2004 (C. I. 47). ii.
Rule against Natural Justice when Administrative decision of TDC opportunity to defend itself.
d. Her Ladyship the judge fell into a grievous error occasioning a grave miscarriage of justice when she failed to order the ejectment of Defendant from H/No. 13 C7 Tema when she found out that Defendant had no interest in the said house.
e. Further grounds of appeal may be filed upon receipt of the Appeal records.
For the purposes of this appeal, the parties herein shall maintain their respective designations used at the trial court.
That is to say, the Plaintiff/Appellant herein shall be referred to as the Plaintiff and the Defendant/Respondent herein shall be referred to as the Defendant.
The Plaintiff instituted the action which has culminated in this appeal against the Defendant at the Court below claiming the following reliefs: 1. An order for immediate ejectment of Defendant from H/No AF/13 Community 7, Tema.
2. Recovery of Possession.
3. Mesne profit of Five Hundred Ghana Cedis (GHȼ500. 00) per month from March 2015 to date of final judgment.
4. General damages for preventing Plaintiff from taking possession of his legitimately acquired property.
The basis of this claim as can be gathered from the Statement of Claim which accompanied the Writ of Summons is that he (Plaintiff) acquired the house in dispute from one Theresa Annan who was the lawful lessee of the property for a consideration of Eighty Thousand Cedis after having examine