GREAT NINGO TRADITIONAL COUNCIL vs. NENE TEYE KWESI KWETEY II AND OTHERS

In this application, the third Defendant is invoking the Court’s inherent jurisdiction to strike out the entire writ of the Plaintiff for want of capacity. The application was grounded on the following: a. That the Plaintiff should have endorsed on the writ of summons a statement of the capacity in which it sued. b. That the endorsement of capacity on the writ is a mandatory requirement, the absence of which renders the writ a nullity. c. That although the Plaintiff at paragraph 3 of its statement of claim purported to sue on behalf of the chiefs, clans, families and indigenous people of the Ningo Traditional Area, yet the actual identities of these persons were not disclosed. d. That Ningo lands are owned by families and not stools, so the Plaintiff is not a person recognized in law with capacity to own and sue in respect of land the subject matter of this suit. e. That the Plaintiff cannot be an owner of land and a trustee at the same time, hence casting great doubt in the .....