2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In this appeal from the High Court (Land Division), Accra, the Court of Appeal, per Justice Barbara Ackah-Yensu JA, addressed whether Atteh Sappor, substituting for Kasseke Akoto Dugbartey Sappor, could maintain proceedings challenging the sale of Sappor family property (Plots 103 and 104, Adabraka) to the fifth defendant. The late Margaret Korkor Dugbartey Sappor died testate in 1952, leaving most assets to Grace Plange; the disputed property was administered under Letters of Administration obtained for un-devised assets, and later vested in 2nd and 4th defendants who sold to the fifth. Although the High Court previously set aside a title deed Afi Binga Dugbartey Sappor had registered, the instant case turned entirely on capacity. Evidence established the Sappor family is patrilineal and that the plaintiff traces through the female line; moreover, the 2nd and 3rd plaintiffs—who were true family members—withdrew from the appeal. The Court held capacity is a threshold issue, found the appellant lacked locus standi, and dismissed the appeal, affirming the High Court.
JUDGMENT
B. ACKAH-YENSU, JA
This appeal is from the judgment of the High Court (Land Division) Accra, delivered on 29th November, 2013 wherein the plaintiffs’ case was dismissed.
In the High Court, Kasseke Akoto Dugbartey Sappor, who was subsequently substituted by Atteh Sappor (alternately referred to as “1st Plaintiff”, or “Plaintiff/Appellant”), together with two other plaintiffs, Samuel Dugbartey Sappor and Joseph Narh Sappor, claimed against the Defendants/Respondents, inter alia, for a declaration that the purported sale of the family property comprising of Plots Nos. 103 and 104, Adabraka, Accra was null, void and of no legal effect.
The antecedents to the said case, in a nutshell, are as follows:
The late Margaret Korkor Dugbartey Sappor died in 1952 possessed of a lot of properties including the property in dispute, Plots Nos. 103 and 104, Adabraka, Accra. It is evident from an affidavit deposed to by one Grace Plange (see page 468 of the Record of Appeal) that Margaret Korkor Dugbartey Sappor died testate and willed her estate to the said Grace Plange as the sole legatee. It appears however that the property in dispute was not one of the properties devised to Grace Plange. At any rate, Grace Plange explicitly expressed her disinterestedness in the property in dispute for the reason that she was content with what she got from the Will of the late Margaret Korkor Dugbartey Sappor. She accordingly gave authority to the head of the Sappor family at Ada Foah, Very Reverend Solomon Dugbartey Sappor, to obtain Letters of Administration to administer the properties of Margaret Korkor Dugbartey Sappor which were not mentioned in her Will. By this, even if Grace Plange inherited the property in dispute, she ceded her interest therein in favour of the Sappor family.
The Sappor family in the quest to find all other properties which belonged to the late Margaret Korkor Dugbartey Sappor, granted a Power of Attorney to one Afi Binga Dugbartey Sappor who apparently lived with the late Margaret Korkor Dugbartey Sappor. The purpose for the grant of the Power of Attorney was to gather and manage all other properties belonging to the late Margaret Korkor Dugbartey Sappor.
In May 2006, the 1st – 4th Defendants/Respondents obtained the grant of Letters of Administration and in March 2007, the family property in dispute was vested in the 2nd and 4th Defendants/Respondents. Thereafter, the 2nd and 4th Respondents executed a contract of sale of the property in dis