Seth Aryee & Anor. Vrs Sarah Nyenejah Nimeby [2022] GHADC 295 (21 October 2022)

Seth Aryee & Anor. Vrs Sarah Nyenejah Nimeby [2022] GHADC 295 (21 October 2022)

The court is functus officio after entering judgment and cannot reopen the case to determine the issue of capacity; the application to set aside judgment for want of capacity is dismissed as the proper stage to raise such issue was at the hearing or on appeal.

Citation
[2022] GHADC 295
Parties
Plaintiff/respondent: Seth Arye; Plaintiff/respondent: Mary Arye; Plaintiff/respondent: Frederick Arhin; Defendant/applicant: Sarah Nyenejah Nimely
Court
District Court
Jurisdiction
Ghana
Judgment Date
21 October 2022
Procedural Posture
Civil / Ruling on Motion to Set Aside Judgment
Outcome
application dismissed
Legal Topics
Capacity to Sue, Functus Officio, Setting Aside Judgment
Source Language
English
Landlord and Tenant Civil Procedure Capacity to Sue Functus Officio Setting Aside Judgment

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Parties

Seth Arye

Plaintiff/respondent

Mary Arye

Plaintiff/respondent

Frederick Arhin

Plaintiff/respondent

Sarah Nyenejah Nimely

Defendant/applicant

Procedural Posture

Civil / Ruling on Motion to Set Aside Judgment

Legal Issues

  1. 1 Whether the judgment should be set aside for want of capacity by the plaintiffs/respondents
  2. 2 Whether the court is functus officio and can reopen the case to determine capacity

Ratio Decidendi

The court is functus officio after entering judgment and cannot reopen the case to determine the issue of capacity; the application to set aside judgment for want of capacity is dismissed as the proper stage to raise such issue was at the hearing or on appeal.

Court Disposition

application dismissed

Orders

  • Application to set aside judgment dismissed
  • Cost of GH¢1,500.00 awarded against the applicant in favour of the respondents