JAMES BADU (PLAINTIFF/RESPONDENT) vs. THE REGIONAL DIRECTOR GHANNA HEALTH SERVICE CAPE COAST AND THE MEDICAL SUPERINTENDENT GOVERNMENT HOSPITAL SALTPOND (DEFENDANTS/APPELLANTS)

MARFUL-SAU, JA:- The record of this appeal raises fundamental procedural flaws that renders the entire trial a nullity. The plaintiff/ respondent herein commenced this action against the defendants/respondents, who clearly are non juristic persons lacking legal capacity to sue and be sued. The action was commenced against the Regional Director, Ghana Health Services and the Medical Superintendent, Government Hospital Saltpond. These two named as defendants in the action are not legal entities, a fact Counsel for plaintiff/respondent realised in the course of the trial. Upon this realisation Counsel for the plaintiff/ respondent applied to substitute the two defendants. In this appeal the plaintiff/respondent shall be referred to as the respondent and the defendants/appellants known as appellants. At page 42 of the record of appeal is the motion filed by Counsel for respondent to substitute the two defendants who lacked capacity as defendants in the action. The motion for substitutio...