GBESE STOOL VRS DELTA HOUSE GHANA LIMITED (LD/0037/2024) [2024] GHAHC 201 (12 March 2024)

GBESE STOOL VRS DELTA HOUSE GHANA LIMITED (LD/0037/2024) [2024] GHAHC 201 (12 March 2024)

Applicant lacks capacity due to incorrect company name; discrepancies in land identity and acquisition require trial; plaintiff's claim discloses cause of action; application to strike out is refused.

Citation
GBESE STOOL VRS DELTA HOUSE GHANA LIMITED (LD/0037/2024) [2024] GHAHC 201 (12 March 2024)
Parties
Plaintiff/respondent: The Gbese Stool acting per Dr. Nii Ayi-Bonte II, Gbese Mantse; Defendant/applicant: Delta House Ghana Ltd.
Court
ghahc
Jurisdiction
Ghana
Judgment Date
12 March 2024
Procedural Posture
Civil Land Dispute / Ruling on Application to Strike Out Statement of Claim
Outcome
application refused
Legal Topics
Company Name and Capacity, Compulsory Acquisition, Jurisdiction, Amendment of Parties
Source Language
eng
Land Law Civil Procedure Company Name and Capacity Compulsory Acquisition Jurisdiction Amendment of Parties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Gbese Stool acting per Dr. Nii Ayi-Bonte II, Gbese Mantse

Plaintiff/respondent

Delta House Ghana Ltd.

Defendant/applicant

Procedural Posture

Civil Land Dispute / Ruling on Application to Strike Out Statement of Claim

Legal Issues

  1. 1 Whether the defendant/applicant has capacity to bring the application under its current name
  2. 2 Whether the plaintiff/respondent's statement of claim discloses a cause of action
  3. 3 Whether compulsory acquisition by government extinguishes allodial title

Ratio Decidendi

Applicant lacks capacity due to incorrect company name; discrepancies in land identity and acquisition require trial; plaintiff's claim discloses cause of action; application to strike out is refused.

Court Disposition

application refused

Orders

  • Plaintiff to amend writ to reflect defendant's current name
  • Lands Commission joined as party to suit