STELLA MAUREEN SAFOA MGADI VRS YUNUS BASHIRUDEEN KORAY & ANOR. (LD/0586/2022) [2024] GHAHC 199 (8 May 2024)

STELLA MAUREEN SAFOA MGADI VRS YUNUS BASHIRUDEEN KORAY & ANOR. (LD/0586/2022) [2024] GHAHC 199 (8 May 2024)

Plaintiff lacked capacity to sue via attorney without Letters of Administration or representative endorsement; writ was not properly endorsed as required by Order 2 Rule 4 of C.I. 47; suit struck out as a nullity for want of capacity.

Citation
STELLA MAUREEN SAFOA MGADI VRS YUNUS BASHIRUDEEN KORAY & ANOR. (LD/0586/2022) [2024] GHAHC 199 (8 May 2024)
Parties
Plaintiff/respondent: Stella Maureen Safoa Mqadi; Plaintiff's Attorney: Andrews Kwame Anokye; Defendant/applicant: Yunus Bashirudeen Koray; Defendant/applicant: Amma Asor Attah Aikins
Court
ghahc
Jurisdiction
Ghana
Judgment Date
8 May 2024
Procedural Posture
Civil Land Dispute / Interlocutory Application to Strike Out Pleadings for Want of Capacity
Outcome
writ struck out as a nullity for want of capacity
Legal Topics
Capacity to Sue, Representative Actions, Striking Out Pleadings, Power of Attorney, Limitation, Frivolous and Vexatious Proceedings
Source Language
eng
Civil Procedure Property Law Estate Administration Capacity to Sue Representative Actions Striking Out Pleadings Power of Attorney Limitation +1 more

Case Brief

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Parties

Stella Maureen Safoa Mqadi

Plaintiff/respondent

Andrews Kwame Anokye

Plaintiff's Attorney

Yunus Bashirudeen Koray

Defendant/applicant

Amma Asor Attah Aikins

Defendant/applicant

Procedural Posture

Civil Land Dispute / Interlocutory Application to Strike Out Pleadings for Want of Capacity

Legal Issues

  1. 1 Whether the plaintiff had capacity to sue via attorney without Letters of Administration or representative endorsement
  2. 2 Whether the suit was frivolous and vexatious
  3. 3 Whether limitation could be raised by motion before defence

Ratio Decidendi

Plaintiff lacked capacity to sue via attorney without Letters of Administration or representative endorsement; writ was not properly endorsed as required by Order 2 Rule 4 of C.I. 47; suit struck out as a nullity for want of capacity.

Court Disposition

writ struck out as a nullity for want of capacity

Orders

  • Writ of Summons filed by Plaintiff on 31st August, 2022 struck out