Arthur Vrs Quayson & Another [2022] GHADC 327 (21 November 2022)

Arthur Vrs Quayson & Another [2022] GHADC 327 (21 November 2022)

Plaintiff failed to establish capacity to sue as the loan contract was between the defendants and the company, not the plaintiff personally. The writ and proceedings are a nullity.

Source-derived case information.

Citation
[2022] GHADC 327
Parties
Plaintiff: Micheal Kojo Arthur; Defendant: James Quayson; Defendant: Cecilia Nketsia
Court
District Court
Jurisdiction
Ghana
Judgment Date
21 November 2022
Procedural Posture
Civil / Judgment
Outcome
claim dismissed
Legal Topics
Capacity to Sue, Loan Agreements, Corporate Personality, Burden of Proof
Source Language
english
Contract Law Company Law Civil Procedure Capacity to Sue Loan Agreements Corporate Personality Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

Micheal Kojo Arthur

Plaintiff

James Quayson

Defendant

Cecilia Nketsia

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff has capacity to sue the defendants
  2. 2 Whether the defendants owe the plaintiff Ghc3000.00
  3. 3 Whether plaintiff is entitled to interest on the claimed amount

Ratio Decidendi

Plaintiff failed to establish capacity to sue as the loan contract was between the defendants and the company, not the plaintiff personally. The writ and proceedings are a nullity.

Court Disposition

claim dismissed

Orders

  • Each party to bear their own cost