A Trasacco Group site
THE COURT of Appeal has unanimously ruled in favour of Trasacco Group over a 48 acre land situated at Borteyman in the Tema District of the Greater Accra Region.
The civil action commenced at the Accra High Court, Land Court ‘2’ in July 2013 between Trasacco Estates Development Company Limited (Plaintiff) and Woodfields Development Company Limited (1st Defendant) and Comet Roofing and Property Development Limited (2nd Defendant), concerning some lands at Borteyman in the Tema District.
The High Court upon examination ruled in favour of Trasacco Estate Development Company Limited as the true owners of the parcel of land in dispute.
Woodfields Development Company Limited appealed against the High Court’s decision at the Court of Appeal.
The Court of Appeal after careful examination and in consideration of the facts and evidence available, unanimously ruled in favour of Trasacco, affirming the High Court’s decision.
The three-member panel presided over by Justice Senyo Dzamefe and assisted by Justices Jennifer Dodoo and J.A. Bartels-Kodwo held that there are no exceptional circumstances to make the court grant the application.
“In the first place as at 2003 when the land was allegedly granted to the applicant by the Nungua Stool, the land was government land. The grantor therefore had no title to transfer nor grant to the applicant. Based on that we dismiss the application,” the court ruled.
The court also awarded a cost of GH¢3,000 for the respondent against the applicant.
This was after the applicants failed to attend court proceeding to move their application and the counsel for the respondent prayed despite their absence the court goes into the merits, which it granted by allowing the respondent to respond to the application.
In its response, the defendant/respondent (Trasacco Estates Development Company Limited) stated that the land was government land and given back to the stool in 2012 and for seven years now the case was pending.
“The appeal has no chance of success. The judgment is unimpeachable and hardship will tilt to the respondent whose hands have been tied since 2013. We pray the application be dismissed.”
The Appeals Court granted the respondent’s prayer and dismissed the application.