Tsuru and Others Vrs Agric Cattle and Others [2020] GHASC 13 (18 March 2020)

Tsuru and Others Vrs Agric Cattle and Others [2020] GHASC 13 (18 March 2020)

The original writ was a nullity because the La Traditional Council lacked legal capacity to sue; all subsequent amendments, proceedings, and judgments founded on the writ are also nullities. The 1st and 5th defendants were non-existent entities and could not be parties or maintain a counterclaim. The entire action collapses for want of capacity on both sides.

Citation
Tsuru and Others Vrs Agric Cattle and Others [2020] GHASC 13 (18 March 2020)
Parties
Plaintiff/respondent/appellant: Nii Kpobi Tettey Tsuru III (Substituted by Nii Obodai Adai IV for and on behalf of La Stool); Plaintiff/respondent/appellant: SFA Limited; Plaintiff/respondent/appellant: Fodas Estates Ltd; Defendant/appellant/respondent: Agric Cattle; Defendant/appellant/respondent: Santeo Mantse (Atta Quarshie); Defendant/appellant/respondent: Katamanso Mantse (Nii Otoo Laryea); Defendant/appellant/respondent: Nii Odaifio Welentsi III (Nungua Mantse); Defendant/appellant/respondent: Lakeside Estates Ltd
Court
ghasc
Jurisdiction
Ghana
Judgment Date
18 March 2020
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal allowed; writ and all proceedings set aside as nullities.
Legal Topics
Capacity to Sue, Legal Personality, Nullity of Proceedings, Representative Actions, Misjoinder and Non Joinder
Source Language
eng
Civil Procedure Capacity to Sue Legal Personality Nullity of Proceedings Representative Actions Misjoinder and Non Joinder

Case Brief

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Parties

Nii Kpobi Tettey Tsuru III (Substituted by Nii Obodai Adai IV for and on behalf of La Stool)

Plaintiff/respondent/appellant

SFA Limited

Plaintiff/respondent/appellant

Fodas Estates Ltd

Plaintiff/respondent/appellant

Agric Cattle

Defendant/appellant/respondent

Santeo Mantse (Atta Quarshie)

Defendant/appellant/respondent

Katamanso Mantse (Nii Otoo Laryea)

Defendant/appellant/respondent

Nii Odaifio Welentsi III (Nungua Mantse)

Defendant/appellant/respondent

Lakeside Estates Ltd

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the original plaintiff, La Traditional Council, had legal capacity to sue
  2. 2 Whether the 1st and 5th defendants were legal entities capable of being sued or counterclaiming
  3. 3 Effect of lack of capacity on the validity of the writ and subsequent proceedings

Ratio Decidendi

The original writ was a nullity because the La Traditional Council lacked legal capacity to sue; all subsequent amendments, proceedings, and judgments founded on the writ are also nullities. The 1st and 5th defendants were non-existent entities and could not be parties or maintain a counterclaim. The entire action collapses for want of capacity on both sides.

Court Disposition

Appeal allowed; writ and all proceedings set aside as nullities.

Orders

  • The writ issued by La Traditional Council on 16th May 2008 is set aside as a nullity.
  • All proceedings and judgments founded on the writ are set aside as null and void.