KOFI AGGREY & ANOR VS TRACOAF ESTATES LIMITED & ANOR

Ghanaian nationals Kofi Aggrey and Cellincia Gyamfi Amankwah (Mrs), domiciled in the USA, sued through an attorney to enforce a real estate transaction with a Ghanaian developer for a Spintex four-bedroom semi-detached house priced at US$80,000, financed partially by Home Finance Company (Ghana Home Loans). Despite payment and mortgage arrangements, the 1st Defendant failed to deliver possession or execute indentures, prompting reliefs including cancellation of the 2nd Defendant Land Title Certificate (GA 57486, Vol. 47, Folio 123) and orders to perfect title and deliver possession. After default judgment against the 1st Defendant was set aside on the 2nd Defendant application, she was joined and asserted prior assignment and possession since 2010. The court focused on the preliminary capacity challenge: the Plaintiffs failed to tender their power of attorney at trial and could not rely on a document on the docket that the 2nd Defendant had no opportunity to scrutinize, especially after amended pleadings. Guided by Supreme Court authority, the court held the writ incompetent for want of capacity, causing both the Plaintiffs claims and the 2nd Defendant counterclaim to collapse, and awarded GH10,000 costs against the Plaintiffs.