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MADAM ABIGAIL TWUBA HALM v. GRACOMA LTD & OTHERS

2012

COURT OF APPEAL

GHANA

CORAM

  • MARFUL-SAU, JA (PRESIDING)
  • HONYENUGA, JA
  • DENNIS ADJEI, JA

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Corporate Law

AI Generated Summary

The case involves a dispute over property in Cape Coast, Ghana. The Plaintiff sought several reliefs including declaration of title and cancellation of allegedly unlawful transfers. The 4th defendant challenged the Plaintiff's capacity to sue. The trial court ruled that capacity could be proven by affidavit evidence and legal argument. This was appealed, arguing that there was no special capacity that needed to be proven. The appellate court found that the challenge to capacity had no legal basis and determined that the issue should not have been raised. The appeal was allowed, and the case was remitted for trial on substantive issues.

JUDGMENT