EAST DEDEKOTOPON DEVELOPMENT TRUST VRS LA TRADITIONAL COUNCIL & 12 OTHERS (H1/79/2021) [2021] GHACA 23 (16 December 2021)

EAST DEDEKOTOPON DEVELOPMENT TRUST VRS LA TRADITIONAL COUNCIL & 12 OTHERS (H1/79/2021) [2021] GHACA 23 (16 December 2021)

The High Court erred in summarily dismissing the suit for lack of capacity without giving the appellant an opportunity to be heard and without following binding Supreme Court precedent. The issue of capacity, being disputed and requiring evidence, could not be determined on a preliminary application to strike out pleadings. The lower court's procedure violated the rules of natural justice and was a nullity.

Citation
[2021] GHACA 23
Parties
Plaintiff/appellant: East Dedekotopon Development Trust; Defendant/respondent: La Traditional Council; Defendant/respondent: Nii B K Yemoh; Defendant/respondent: Nii Adjei Koofeh IV; Defendant/respondent: Nii Kpobi Tettey Tsuru II; Defendant/respondent: Samuel Sowah Obvlejuma; Defendant/respondent: Jerry Oddoye; Defendant/respondent: Isreal Gonti Adjei; Defendant/respondent: Enoch Addo Sowah; Defendant/respondent: Joseph Nii Odoi Yemoh; Defendant/respondent: Andrew Nii Odoi Yemo; Defendant/respondent: Nii Obuor Fred Afful; Defendant/respondent: Robert Okpoti Mensah; Defendant/respondent: Lands Commission
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
16 December 2021
Case Number
H1/79/2021
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Capacity to Sue, Striking Out Pleadings, Natural Justice, Corporate Personality, Trusteeship, Application of Stare Decisis
Source Language
English
Civil Procedure Trusts and Estates Capacity to Sue Striking Out Pleadings Natural Justice Corporate Personality Trusteeship Application of Stare Decisis

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Parties

East Dedekotopon Development Trust

Plaintiff/appellant

La Traditional Council

Defendant/respondent

Nii B K Yemoh

Defendant/respondent

Nii Adjei Koofeh IV

Defendant/respondent

Nii Kpobi Tettey Tsuru II

Defendant/respondent

Samuel Sowah Obvlejuma

Defendant/respondent

Jerry Oddoye

Defendant/respondent

Isreal Gonti Adjei

Defendant/respondent

Enoch Addo Sowah

Defendant/respondent

Joseph Nii Odoi Yemoh

Defendant/respondent

Andrew Nii Odoi Yemo

Defendant/respondent

Nii Obuor Fred Afful

Defendant/respondent

Robert Okpoti Mensah

Defendant/respondent

Lands Commission

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court erred in summarily dismissing the suit for lack of capacity without hearing the appellant
  2. 2 Whether the High Court properly applied the principles governing striking out pleadings under Order 11 r 18(1) of CI 47
  3. 3 Whether the High Court was bound by Supreme Court precedent on the capacity of the Trust to sue

Ratio Decidendi

The High Court erred in summarily dismissing the suit for lack of capacity without giving the appellant an opportunity to be heard and without following binding Supreme Court precedent. The issue of capacity, being disputed and requiring evidence, could not be determined on a preliminary application to strike out pleadings. The lower court's procedure violated the rules of natural justice and was a nullity.

Court Disposition

appeal allowed

Orders

  • Ruling of the High Court and all consequential orders set aside
  • Case to be transferred to another judge for trial