KOFI AGGREY & ANOR. VRS TRACOAF ESTATES LIMITED & ANOR. (LD/0479/2017) [2024] GHAHC 140 (17 May 2024)

KOFI AGGREY & ANOR. VRS TRACOAF ESTATES LIMITED & ANOR. (LD/0479/2017) [2024] GHAHC 140 (17 May 2024)

Both the Plaintiffs and the 2nd Defendant failed in their claims because the Plaintiffs did not establish the capacity of their attorney to sue, and the 2nd Defendant’s counterclaim could not stand once the Plaintiffs’ action failed for want of capacity. The court lacked jurisdiction to proceed on either claim.

Citation
KOFI AGGREY & ANOR. VRS TRACOAF ESTATES LIMITED & ANOR. (LD/0479/2017) [2024] GHAHC 140 (17 May 2024)
Parties
Plaintiff: Kofi Aggrey; Plaintiff: Cellincia Gyamfi Amankwah (Mrs.); Defendant: Tracoaf Estates Limited; Defendant: Evelyn Akosua Nyamekye Kwarteng
Court
ghahc
Jurisdiction
Ghana
Judgment Date
17 May 2024
Procedural Posture
Land Dispute / Final Judgment
Outcome
Both Plaintiffs’ claim and 2nd Defendant’s counterclaim dismissed for want of capacity; costs awarded against Plaintiffs.
Legal Topics
Capacity to Sue, Land Title, Counterclaim, Power of Attorney, Fraud, Misrepresentation
Source Language
eng
Property Law Civil Procedure Capacity to Sue Land Title Counterclaim Power of Attorney Fraud Misrepresentation

Case Brief

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Parties

Kofi Aggrey

Plaintiff

Cellincia Gyamfi Amankwah (Mrs.)

Plaintiff

Tracoaf Estates Limited

Defendant

Evelyn Akosua Nyamekye Kwarteng

Defendant

Procedural Posture

Land Dispute / Final Judgment

Legal Issues

  1. 1 Whether the Plaintiffs' attorney had capacity to sue on their behalf
  2. 2 Whether the property granted to the 2nd Defendant is the same as the Plaintiffs’ property
  3. 3 Whether the 2nd Defendant’s Land Title Certificate was obtained by fraud, mistake or misrepresentation

Ratio Decidendi

Both the Plaintiffs and the 2nd Defendant failed in their claims because the Plaintiffs did not establish the capacity of their attorney to sue, and the 2nd Defendant’s counterclaim could not stand once the Plaintiffs’ action failed for want of capacity. The court lacked jurisdiction to proceed on either claim.

Court Disposition

Both Plaintiffs’ claim and 2nd Defendant’s counterclaim dismissed for want of capacity; costs awarded against Plaintiffs.

Orders

  • Plaintiffs’ action struck out for want of capacity.
  • 2nd Defendant’s counterclaim dismissed as a consequence.