JONATHAN ARYEE & ANOR. vs. EMMANUEL NII OKAI LARYEA

The defendant/applicant has requested this Court to set aside the plaintiffs’ writ of summons and statement of claim on the ground that the plaintiffs lack capacity to institute the substantive matter for and on behalf of themselves and the principal elders or members of the Nii Kwaku Fifii We. The application is brought under Order 9 rules (7) & (8) of C.I. 47. The plaintiffs/respondents are opposed to the instant application. In an affidavit in opposition to the instant application, the plaintiffs describe the present application as incompetent and not sanctioned by the rules of Court. They further state in paragraph 9 of their affidavit in opposition as follows: - “9. I am further advised and verily believe same to be true that the settled procedure is for the defendant to file a statement of defence and challenge the capacity of the plaintiffs therein whereupon the honourable Court would be seized with the opportunity to determine same upon adduction of evidence by the parti...