Tsuru Iii & 2 Ors Vrs Agric Cattle & 3 Ors [2020] GHASC 117 (18 March 2020)

Tsuru Iii & 2 Ors Vrs Agric Cattle & 3 Ors [2020] GHASC 117 (18 March 2020)

The original plaintiff, La Traditional Council, was not a legal entity and lacked capacity to sue, rendering the writ and all subsequent proceedings and judgments null and void. The 1st and 5th defendants were also non-existent entities and could not be parties to the action or maintain a counterclaim.

Citation
Tsuru Iii & 2 Ors Vrs Agric Cattle & 3 Ors [2020] GHASC 117 (18 March 2020)
Parties
Plaintiff/respondent/appellant: Nii Kpobi Tettey Tsuru III (Substituted by Nii Obodai Adai IV for and on behalf of La Stool); Plaintiff/respondent/appellant: SFA Limited; Plaintiff/respondent/appellant: Fodas Estates Ltd; Defendant/appellant/respondent: Agric Cattle; Defendant/appellant/respondent: Santeo Mantse (Atta Quarshie); Defendant/appellant/respondent: Katamanso Mantse (Nii Otoo Laryea); Defendant/appellant/respondent: Nii Odaifio Welentsi III (Nungua Mantse); Defendant/appellant/respondent: Lakeside Estates Ltd
Court
ghasc
Jurisdiction
Ghana
Judgment Date
18 March 2020
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal allowed; writ and all proceedings set aside as nullities.
Legal Topics
Capacity to Sue, Legal Personality, Nullity of Proceedings, Joinder and Misjoinder of Parties, Cause of Action
Source Language
eng
Civil Procedure Land Law Capacity to Sue Legal Personality Nullity of Proceedings Joinder and Misjoinder of Parties Cause of Action

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Parties

Nii Kpobi Tettey Tsuru III (Substituted by Nii Obodai Adai IV for and on behalf of La Stool)

Plaintiff/respondent/appellant

SFA Limited

Plaintiff/respondent/appellant

Fodas Estates Ltd

Plaintiff/respondent/appellant

Agric Cattle

Defendant/appellant/respondent

Santeo Mantse (Atta Quarshie)

Defendant/appellant/respondent

Katamanso Mantse (Nii Otoo Laryea)

Defendant/appellant/respondent

Nii Odaifio Welentsi III (Nungua Mantse)

Defendant/appellant/respondent

Lakeside Estates Ltd

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether La Traditional Council had legal capacity to sue
  2. 2 Whether the 1st and 5th defendants were legal entities capable of being sued
  3. 3 Effect of lack of capacity on writ and proceedings

Ratio Decidendi

The original plaintiff, La Traditional Council, was not a legal entity and lacked capacity to sue, rendering the writ and all subsequent proceedings and judgments null and void. The 1st and 5th defendants were also non-existent entities and could not be parties to the action or maintain a counterclaim.

Court Disposition

Appeal allowed; writ and all proceedings set aside as nullities.

Orders

  • Writ issued by La Traditional Council on 16th May 2008 set aside as a nullity.
  • All proceedings and judgments founded on the writ declared void.