Musah Vrs Appeagyei [2018] GHASC 24 (2 May 2018)

Musah Vrs Appeagyei [2018] GHASC 24 (2 May 2018)

The appellant lacked capacity to sue as administrator because the land was not the personal property of late Mallam Musa but was held for the Hausa Community; therefore, the action was incompetent and properly dismissed without consideration of the merits.

Citation
[2018] GHASC 24
Parties
Plaintiff/appellant/appellant: Alfa Musah; Defendant/respondent/respondent: Dr. Francis Asante Appeagyei
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
2 May 2018
Procedural Posture
Civil Appeal / Judgment on Final Appeal
Outcome
appeal dismissed
Legal Topics
Capacity to Sue, Title to Land, Administration of Estates, Representative Actions
Source Language
English
Civil Procedure Land Law Capacity to Sue Title to Land Administration of Estates Representative Actions

Case Brief

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Parties

Alfa Musah

Plaintiff/appellant/appellant

Dr. Francis Asante Appeagyei

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Judgment on Final Appeal

Legal Issues

  1. 1 Whether the appellant had capacity to institute the suit as administrator of the estate of late Mallam Musa
  2. 2 Whether the land in question was personal property of late Mallam Musa or held for the Hausa Community
  3. 3 Whether the lower courts erred in determining the merits after finding lack of capacity

Ratio Decidendi

The appellant lacked capacity to sue as administrator because the land was not the personal property of late Mallam Musa but was held for the Hausa Community; therefore, the action was incompetent and properly dismissed without consideration of the merits.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed as unmeritorious
  • Costs awarded against appellant