MRS. GRACE BAFFOUR-AWUAH AND MR. BAFFOUR-AWUAH vs. ENOCK ADUSEI POKU

SUURBAAREH, JA It is provided in Order 2 rule 4 of the High Court (Civil Procedure) Rules 2004, C.I. 47 as follows; under the heading “Indorsement as to Capacity”: “4(1) Before a writ is filed it shall be indorsed (a) Where the plaintiff sues in a representative capacity, with the statement of the capacity in which the plaintiff sues, or (b) Where a defendant is sued in a representative capacity, with a statement of the capacity in which the defendant is sued. (2) Before a writ is filed by a plaintiff who acts by an order or on behalf of a person resident outside Ghana, the writ shall be endorsed with a statement of that fact and with the address of the person so resident”. It is also provided in Order 17 rule 2 of the High Court (Civil Procedure) Rules 2004, C.I. 47 as follows: “2(1) Except in the case of an interlocutory application, the plaintiff may at any time before service on the plaintiff of the defendant’s defence or after the service of it and before ta...