ROBERT MENSAH vs. GARIBA MOHAMMED AND ANOTHER

One of the issues set down for trial in this suit is: “Whether or not the Plaintiff is a legal entity with the capacity to sue and be sued.” After the case management conference an application was made for the determination of the afore stated issue which is for all intents and purposes a preliminary point of law. On 14th May, 2018 the court ordered the parties to file their written submissions for the determination of the preliminary point of law. Both counsel have complied with the order by filing their respective submissions. The plaintiff is claiming that he sued in a representative capacity but the Defendants are challenging this assertion. The plaintiff’s claim to capacity to institute the instant action is captured in the amended statement of claim as follows: 1. The plaintiff is a licensed small scale miner engaged in the mining of gold and leader of the group known as, Thy Kingdom Mining Group. 4. The Plaintiff avers that sometime in 2011, he together with nine ot...