NII ASHONG KOJO III vs ANDREWS KOTEY NMASHIE LAND TITLE REGISTRY

RULING MOTION TO DISMISS PLAINTIFF’S ACTION FOR WANT OF CAPACITY It is provided in Order 11 r 11(1) of CI 47 that a party may in pleading raise any point of law. In MILLER v ATTORNEY GENERAL (1975) 2 GLR 31 Abban J (as he then was) stated the rule that a point of law must be raised on the facts pleaded and the material facts upon which the said point of law was to be grounded must be clearly pleaded to enable the court to determine whether or not the preliminary point of law as raised was well founded. The law as I understand it, is that where a party sets down a point of law for legal argument that issue could properly be taken when the contention did not rest on evidence. Where it rested on disputed facts, then the point of law must abide the full trial unless the disputed facts could be disposed of with the least difficulty. It is material to recount in the instant case that the 1st defendant in paragraphs 2 and 3 of his Statement of Defence filed on 28/07/10 had de.....