Nassiru Vrs Colonel [2014] GHASC 166 (7 May 2014)

Nassiru Vrs Colonel [2014] GHASC 166 (7 May 2014)

The plaintiff lacked capacity to sue as he was neither a party to the contract nor had any assigned interest; the trial judge's amendment to clothe him with capacity was without authority and improper, rendering the plaintiff's case unsustainable.

Citation
[2014] GHASC 166
Parties
Plaintiff/appellant: Nassiru Abdulai Banda; Defendant/respondent: Colonel Ayisi
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
7 May 2014
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Privity of Contract, Capacity to Sue, Amendment of Pleadings, Representative Actions
Source Language
English
Contract Law Civil Procedure Privity of Contract Capacity to Sue Amendment of Pleadings Representative Actions

Case Brief

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Parties

Nassiru Abdulai Banda

Plaintiff/appellant

Colonel Ayisi

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the plaintiff had the requisite capacity to sue for breach of contract of carriage to which he was not a party
  2. 2 Whether the trial judge was right to amend the title of the suit to clothe the plaintiff with capacity

Ratio Decidendi

The plaintiff lacked capacity to sue as he was neither a party to the contract nor had any assigned interest; the trial judge's amendment to clothe him with capacity was without authority and improper, rendering the plaintiff's case unsustainable.

Court Disposition

appeal dismissed