Mrs Violet Allen & Another -vrs- Madam Mary Adjanor [2022] GHACA 19 (26 May 2022)

Mrs Violet Allen & Another -vrs- Madam Mary Adjanor [2022] GHACA 19 (26 May 2022)

The respondents, as executrixes of only one of the tenants in common, lacked capacity to sue for the entire property; only the personal representatives or beneficiaries of each co-owner could claim their respective undivided shares. The writ and all proceedings based on it were a nullity for want of capacity.

Citation
[2022] GHACA 19
Parties
Plaintiff/appellant: Mrs. Violet Allen; Plaintiff/appellant: Mrs. Emma Hutton-Whitaker; Defendant/respondent: Madam Mary Adjanor
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
26 May 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed; proceedings below declared a nullity for want of capacity.
Legal Topics
Tenancy in Common, Capacity to Sue, Locus Standi, Fraud in Pleadings, Right of Survivorship, Nullity of Proceedings
Source Language
English
Property Law Civil Procedure Tenancy in Common Capacity to Sue Locus Standi Fraud in Pleadings Right of Survivorship Nullity of Proceedings

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Parties

Mrs. Violet Allen

Plaintiff/appellant

Mrs. Emma Hutton-Whitaker

Plaintiff/appellant

Madam Mary Adjanor

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondents had capacity to institute the action as executrixes of only one of the tenants in common
  2. 2 Whether the trial court erred in granting recovery of possession and cancellation of title certificate
  3. 3 Whether new allegations of fraud can be raised in a reply contrary to procedural rules

Ratio Decidendi

The respondents, as executrixes of only one of the tenants in common, lacked capacity to sue for the entire property; only the personal representatives or beneficiaries of each co-owner could claim their respective undivided shares. The writ and all proceedings based on it were a nullity for want of capacity.

Court Disposition

Appeal allowed; proceedings below declared a nullity for want of capacity.

Orders

  • Writ, pleadings, proceedings, and judgment set aside as nullities.