POWELL ABRAHAM ASIRIFI vs. EDLORM HOUSING GHANA LIMITED

This is an application by the Defendant/Applicant praying this court to set aside the writ of summons and statement of claim of Plaintiff/Respondent on grounds of lack of capacity to institute the present action. Applicant’s counsel relied on the motion paper and supporting affidavit with its copious exhibits as well as the supplementary affidavit which also has copious exhibits annexed to it. Counsel for Plaintiff/Respondent opposed the application and filed an affidavit in opposition with exhibits annexed to it as well as supplementary affidavit in opposition which also contained exhibits. A BRIEF BACKGROUND TO THE PLAINTIFF’S ACTION The Plaintiff described himself as the head of the Nii Amoah Okromansah Family of La and brought this action through an attorney Enoch Nii Anum Ashirifi of H/No. G268/0 La, Accra against the Defendant company seeking the reliefs of declaration of title, recovery of possession and perpetual injunction together with damages for trespass again...