YUSIF TAJU & 3 OTHERS vs. MERCY ASIEDU & SEVEN OTHERS

1] The facts of this case are free from complexity. On November 19, 2019 the Plaintiffs issued the instant writ of summons against the named Defendants for the reliefs endorsed on the writ. Counsel for the 1st to 5th Defendants and the 7th Defendant entered conditional appearance on November 27, 2019 and on December 27, 2019 filed the instant application pursuant to Order 11 Rule 18 (1) (a) of C.I. 47. The Court ordered Counsel to file their written submission and both Mr. Owoo and Addeah Safo have complied. Mr. Owoo wrote at paragraph 10 of his submissions as follows: “…the suit as brought is to protect AUDIOVISUAL SOCIETY OF GHANA in its contractual relationship with the 1st to 5th Defendants/Respondents. Consequently the Plaintiff/Respondents do not have capacity to bring this action as Directors nor as Members” [2] From the above it is clear that though the Applicant may have other grounds for the application, the issue of capacity is one of the grounds for the instant a...