2021
SUPREME COURT
GHANA
CORAM
AI Generated Summary
At the Supreme Court of Ghana, Prof. Mensa-Bonsu JSC authored a unanimous judgment dismissing the further appeal brought by the substituted appellant, Atteh Sappor, originally initiated by Kasseke Akoto Dugbartey Sappor, over the sale of Sappor family property. The 1st 4th Defendants, as head and principal members of the Sappor family, obtained Letters of Administration to manage the estate of Margaret Sappor, executed a vesting assent, and the 2nd and 4th Defendants sold the property to the 5th Defendant for GH a2400,000. The appellant alleged fraud and lack of authority, asserting the sale and indenture were illegal and concealed. The defendants countered that the appellant was not a family member and lacked capacity. After the High Court ruled for the defendants and the Court of Appeal dismissed the appeal for want of capacity, the Supreme Court held that capacity is a threshold issue that can be raised at any time and must persist throughout litigation. The appellant failed to prove patrilineal membership or family authorization, and the withdrawal of two acknowledged family co-appellants left him without locus standi. The appeal was dismissed and the Court of Appeal judgment affirmed.
JUDGMENT
PROF. MENSA-BONSU (MRS), JSC:-
This is an appeal against the unanimous judgment of the Court of Appeal dated 11th April, 2019, in favour of the Defendants/Respondents. The action that has culminated in this appeal to the Supreme Court was originally commenced by the 1st Plaintiff/Appellant/Appellant herein, Kasseke Akoto Dugbartey Sappor on the 23rd November, 2011, in the High Court, Accra. In a judgment dated 29th November, 2013, the High Court found for the Defendants and the Plaintiff appealed to the Court of Appeal. The Court of Appeal dismissed the appeal of the 1st Plaintiff/Appellant on the grounds of lack of capacity. Aggrieved and dissatisfied with the judgment Plaintiff/Appellant/Appellant has filed the instant appeal to this honourable court against the judgment of the Court of Appeal.
FACTS
On or about 23rd May, 2006, the 1st-4th Defendants as head of family and principal members of the Sappor family respectively, obtained the grant of Letters of Administration from the High Court, Accra, to administer the estate of their family member, Margaret Sappor (deceased). By a vesting assent dated 16th March, 2007, the 1st-4th Defendants assented to the vesting of the said family property in the 2nd and 4th Defendants for their personal and beneficial use. By a contract of sale executed between the 2nd and 4th Defendants of the one part as Vendors, and the 5th Defendant as Purchaser, the 2nd and 4th Defendants purported to sell the said property to the 5th Defendant as owners thereof, for the purchase price of four hundred thousand Ghana cedis (GH¢400,000).
The Plaintiff brought this action, originally in his own name and on behalf of the Koleh We Clan, a branch of the Sappor Family, contending that the purported sale of the said property was wrongful and fraudulent. He further alleged that pursuant to the contract of sale aforesaid, which he described as “illegal”, the parties to the transaction purported to execute an indenture dated 12th September, 2007, in furtherance of a fraudulent scheme; and that this had wrongfully divested the Sappor family of the ownership and benefit of the said property. He also alleged that the 1st – 4th Defendants had concealed the wrongful sale of the said property from the Sappor family until it came to light in the course of a related legal proceeding in Suit No. BL 63/2008 entitled Very Rev. Solomon Dugbartey Sappor & Ors. vs. Afi Binga Dugbartey Sappor. Against the 5th Defendant, the Plaintiffs contend