NII DZAASE AKOTEY IV vs. NII KWASHIE GBOLOR IV & 2 ORS

Before me is a motion on notice to dismiss the suit for want of capacity. It is the 2nd Defendant applicant’s case that the description of the Plaintiff as the ‘Acting Bortianor Mantse’ is an anomaly because there is a substantive chief of Bortianor who is called Nii Ogbarmey Ankonam I. According to the Plaintiff, the said chief was enstooled as Bortianor Mantse on 4th January 1993 and gazetted on 14th November 2012 as shown in Exhibits ‘A’ and ‘A1’. He therefore contends that the Plaintiff, not being Mantse of Bortianor, has no capacity to institute the instant action on behalf of the said stool. The Plaintiff Respondent filed an affidavit in opposition to the motion to dismiss the suit to which he attached a number of exhibits to show that he has been appointed ‘Acting Bortianor Mantse’ due to a protracted chieftaincy dispute between the two families of the Bortianor stool. He contends that this fact has been acknowledged by Nii Ogbarmey Ankonam I in a number of...