Lititia Asante & 7 Ors Vrs The Administrators Of The Estate Of The Late Lawrence Eward Kissi-ampadu [2022] GHACC 111 (14 November 2022)

Lititia Asante & 7 Ors Vrs The Administrators Of The Estate Of The Late Lawrence Eward Kissi-ampadu [2022] GHACC 111 (14 November 2022)

The lawful attorney failed to produce a valid, executed, and stamped power of attorney; thus, he lacked capacity to institute the suit, rendering the writ a nullity. Consequently, the counterclaim could not proceed as there was no defendant to the counterclaim.

Citation
[2022] GHACC 111
Parties
Plaintiffs/respondents: Lititia Asante & 7 Ors (The Beneficiaries of the Late William Abera Wiafe, acting by their true and Lawful Attorney Godfred Wiafe); Defendants/applicants: The Administrators of the Estate of the Late Lawrence Edward Kissi-Ampadu
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
14 November 2022
Procedural Posture
Civil / Ruling on Motion to Strike Out Suit for Want of Capacity
Outcome
Suit struck out for want of capacity; counterclaim dismissed; costs awarded against respondents.
Legal Topics
Capacity to Sue, Power of Attorney, Representative Actions, Counterclaim Procedure
Source Language
English
Civil Procedure Succession Law Capacity to Sue Power of Attorney Representative Actions Counterclaim Procedure

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Parties

Lititia Asante & 7 Ors (The Beneficiaries of the Late William Abera Wiafe, acting by their true and Lawful Attorney Godfred Wiafe)

Plaintiffs/respondents

The Administrators of the Estate of the Late Lawrence Edward Kissi-Ampadu

Defendants/applicants

Procedural Posture

Civil / Ruling on Motion to Strike Out Suit for Want of Capacity

Legal Issues

  1. 1 Whether the lawful attorney had capacity to institute the suit on behalf of the plaintiffs
  2. 2 Whether failure to produce a valid power of attorney renders the suit a nullity
  3. 3 Effect of striking out the main suit on the counterclaim

Ratio Decidendi

The lawful attorney failed to produce a valid, executed, and stamped power of attorney; thus, he lacked capacity to institute the suit, rendering the writ a nullity. Consequently, the counterclaim could not proceed as there was no defendant to the counterclaim.

Court Disposition

Suit struck out for want of capacity; counterclaim dismissed; costs awarded against respondents.

Orders

  • Writ of summons struck out as a nullity.
  • Defendants' counterclaim dismissed.