TAWIAH & ANOTHER VRS ADEVU & ANOTHER (A1/17/2022) [2024] GHACC 37 (30 January 2024)

TAWIAH & ANOTHER VRS ADEVU & ANOTHER (A1/17/2022) [2024] GHACC 37 (30 January 2024)

Plaintiffs lacked capacity to institute the action as the Power of Attorney relied upon did not empower the attorney to act in this case; the foundation of the action collapsed for want of capacity, rendering the suit unsustainable.

Citation
TAWIAH & ANOTHER VRS ADEVU & ANOTHER (A1/17/2022) [2024] GHACC 37 (30 January 2024)
Parties
Plaintiffs: Kwabena Tawiah & Adwoa Tawiah; Defendants: Vincent Adevu & Zrufao Iddrisu
Court
ghacc
Jurisdiction
Ghana
Judgment Date
30 January 2024
Procedural Posture
Civil / Final Judgment
Outcome
plaintiffs' case struck out for want of capacity
Legal Topics
Capacity to Sue, Land Ownership, Power of Attorney, Burden of Proof
Source Language
eng
Property Law Civil Procedure Capacity to Sue Land Ownership Power of Attorney Burden of Proof

Case Brief

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Parties

Kwabena Tawiah & Adwoa Tawiah

Plaintiffs

Vincent Adevu & Zrufao Iddrisu

Defendants

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether plaintiffs are the assignees of the land in dispute
  2. 2 Whether defendant entered the land without plaintiffs' consent
  3. 3 Whether transaction between plaintiffs and Assignor is evidenced in writing

Ratio Decidendi

Plaintiffs lacked capacity to institute the action as the Power of Attorney relied upon did not empower the attorney to act in this case; the foundation of the action collapsed for want of capacity, rendering the suit unsustainable.

Court Disposition

plaintiffs' case struck out for want of capacity

Orders

  • Exhibit 'A' rejected and expunged as inadmissible
  • Plaintiffs' action struck out