FELICIA ODEY NUNOO VRS ISAAC TAWIAH (C1/155/08) [2023] GHACC 559 (9 March 2023)

FELICIA ODEY NUNOO VRS ISAAC TAWIAH (C1/155/08) [2023] GHACC 559 (9 March 2023)

The application to dismiss the suit is without merit as the respondent has capacity as administrator, the suit discloses a reasonable cause of action, and the application is an abuse of court process as the issues raised have already been determined.

Citation
[2023] GHACC 559
Parties
Plaintiff/respondent: Felicia Odey Nunoo (substituted by Daniel Smith); Defendant/applicant: Isaac Tawiah Larbi
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
9 March 2023
Case Number
C1/155/08
Procedural Posture
Civil / Ruling on Motion to Dismiss Suit
Outcome
application dismissed
Legal Topics
Capacity to Sue, Cause of Action, Abuse of Process, Letters of Administration, Substitution of Parties
Source Language
English
Civil Procedure Succession Law Land Law Capacity to Sue Cause of Action Abuse of Process Letters of Administration Substitution of Parties

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Parties

Felicia Odey Nunoo (substituted by Daniel Smith)

Plaintiff/respondent

Isaac Tawiah Larbi

Defendant/applicant

Procedural Posture

Civil / Ruling on Motion to Dismiss Suit

Legal Issues

  1. 1 Whether the plaintiff/respondent has capacity to sue as administrator of the estate
  2. 2 Whether the suit discloses a reasonable cause of action
  3. 3 Whether the application to restore expunged evidence and cancel documents is competent

Ratio Decidendi

The application to dismiss the suit is without merit as the respondent has capacity as administrator, the suit discloses a reasonable cause of action, and the application is an abuse of court process as the issues raised have already been determined.

Court Disposition

application dismissed

Orders

  • Motion to dismiss suit is dismissed as being without merit.
  • Costs of GHS2000 awarded in favour of respondent.