WOOD VRS. WOOD (PA/0008/2024) [2024] GHAHC 101 (21 February 2024)

WOOD VRS. WOOD (PA/0008/2024) [2024] GHAHC 101 (21 February 2024)

The plaintiff has established his identity and address through evidence and is represented by attorneys in Ghana, so the application to dismiss for lack of capacity or defective address is refused as the interest of justice is best served by allowing the case to proceed.

Source-derived case information.

Citation
WOOD VRS. WOOD (PA/0008/2024) [2024] GHAHC 101 (21 February 2024)
Parties
Plaintiff: Captain Michael A. Wood; Defendant: George Wood
Court
ghahc
Jurisdiction
Ghana
Judgment Date
21 February 2024
Procedural Posture
Probate and Letters of Administration / Ruling on Application to Dismiss for Impersonation and Wrong Address
Outcome
Application to dismiss refused
Legal Topics
Capacity to Sue, Striking Out Pleadings, Probate, Forgery of Will
Source Language
en
Civil Procedure Probate Law Capacity to Sue Striking Out Pleadings Probate Forgery of Will

Source-derived case record

Summary, issues, holding and outcome

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Parties

Captain Michael A. Wood

Plaintiff

George Wood

Defendant

Procedural Posture

Probate and Letters of Administration / Ruling on Application to Dismiss for Impersonation and Wrong Address

Legal Issues

  1. 1 Whether the plaintiff has the capacity to institute the action given the challenge to his name and address
  2. 2 Whether the writ and statement of claim should be dismissed for impersonation and wrong address

Ratio Decidendi

The plaintiff has established his identity and address through evidence and is represented by attorneys in Ghana, so the application to dismiss for lack of capacity or defective address is refused as the interest of justice is best served by allowing the case to proceed.

Court Disposition

Application to dismiss refused

Orders

  • Application to dismiss the writ and statement of claim is refused.