THE BOARD OF GOVERNORS, ST. JUDE EDUCATIONAL ACADEMY HIAWA-KROFOROM vs. SUSANA ANIM A.K.A MADAM WEREKOA

The respondent, described on the writ as “The Board of Governors, St. Jude’s Educational Academy, Hiawa Krofoforom, Huni-Valley,” commenced an action in the Circuit Court, Tarkwa, claiming declaration of title, recovery of possession, damages for trespass, and perpetual injunction in respect of approximately 3.60 acres of land at Hiawa Krofoforom. The respondent pleaded that it brought the action on behalf of the school and claimed to have obtained the land from the divisional chief of Ehyireso under a lease plotted at the Lands Commission. It further alleged that after constructing school buildings on the land, it discovered the appellant developing portions of it; that a settlement was reached under which GH¢8,000 was paid to the appellant; and that the appellant nevertheless resumed acts of trespass. The appellant challenged the competence of the writ on the basis that the named plaintiff had not been shown to be a legal person or entity with capacity to sue. Source in judgment: the Court set out the reliefs claimed and reproduced paragraph 1 of the statement of claim, then observed that “the statement of claim did not disclose whether or not it was a legal entity or it was a firm duly registered under the laws of Ghana.”

SAEED K. GYAN, J.A This is an appeal from the Ruling of the Circuit Court, Tarkwa, in the Western Region of Ghana, dated 7th November, 2016 The decision of the Court is summed up in the concluding paragraphs of the Ruling which I find expedient to set out in full as follows: “Having gone into the merits and demerits of the opposing arguments of both Counsel, this Court rules that the Defendant has not justifiable basis to support the reliance on the civil procedure rule quoted by her Counsel to overcome the writ since the Courts in Ghana are clothed with jurisdictional power to deal with all manner of cases under the sun and moon and similarly for companies incorporated and statutorily known as legal persons. Counsel submitted that the Plaintiff is an unincorporated body, and not being a partnership or legal entity cannot sue or be sued as it has no persona to issue a writ and in other words the jurisdictional capacity and prays for the suit to be struck out, citing GRMC .....