SHAIBU VRS BANAHENE (A1/14/17) [2023] GHADC 1048 (14 November 2023)

SHAIBU VRS BANAHENE (A1/14/17) [2023] GHADC 1048 (14 November 2023)

To avoid further delays and ensure the substantive matter is determined, and since the applicant claims to be the personal representative, the motion for substitution is granted. The respondent is at liberty to challenge the applicant's capacity through the appropriate process.

Citation
[2023] GHADC 1048
Parties
Plaintiff/applicant: Abdulai Shaibu; Defendant/respondent: Madam Ethel Banahene
Court
District Court
Jurisdiction
Ghana
Judgment Date
14 November 2023
Case Number
A1/14/17
Procedural Posture
Civil / Ruling on Motion for Substitution
Outcome
motion for substitution granted
Legal Topics
Substitution of Parties, Capacity to Sue, Land Ownership
Source Language
English
Civil Procedure Substitution of Parties Capacity to Sue Land Ownership

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 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Abdulai Shaibu

Plaintiff/applicant

Madam Ethel Banahene

Defendant/respondent

Procedural Posture

Civil / Ruling on Motion for Substitution

Legal Issues

  1. 1 Whether the applicant is the rightful person to substitute the deceased plaintiff
  2. 2 Whether the motion for substitution should be granted

Ratio Decidendi

To avoid further delays and ensure the substantive matter is determined, and since the applicant claims to be the personal representative, the motion for substitution is granted. The respondent is at liberty to challenge the applicant's capacity through the appropriate process.

Court Disposition

motion for substitution granted

Orders

  • Applicant is substituted as plaintiff in place of the deceased.