[2019]DLCA7600 • October 24, 2019 • Court of Appeal
ABRAHAM OKAN KLU (PLAINTIFF/RESPONDENT) vs. JOSEPH AGYEI LARYEA (DEFENDANTS/APPELLANTS)
The plaintiff/respondent and another initiated a suit against the defendant/appellant in their capacities as head and elder of the Klu family. The defendant challenged the plaintiff's capacity to sue. The High Court initially ruled the plaintiff had capacity. Subsequently, issues arose regarding the capacity of a lawyer under pupillage who appeared for the plaintiff without a practicing license, leading to a ruling that some proceedings were a nullity and the case should start de novo.
read moreAVRIL LOVELACE-JOHNSON (JA): This is an appeal against the judgment of the Land Division of the High Court dated 8th February 2018 by which the learned trial judge refused to set aside her earlier ruling of 3rd November 2017 and also declared a portion of the proceedings in this matter a nullity and further stated that “ the case will have to be started de novo” The brief background to this appeal is that the plaintiff/respondent and one other issued a writ against the defendant/appellant in their capacities as head and elder respectively of the Klu family of Teshie and Otinbi. Before hearing of the matter could commence, counsel for the Defendant/appellant raised the issue of the capacity in which the 1st plaintiff/respondent had brought the action as stated in their pleadings. Evidence was taken on the issue and by a ruling delivered on 3rd November 2017, the court found that the plaintiff/respondent had the requisite capacity to institute the action. It is on record that...