NII KPOBI TETTEY TSURU III, SFA LIMITED AND FODAS ESTATES LTD vs. AGRIC CATTLE, SANTEO MANTSE, KATAMANSO MANTSE, NII ODAIFIO WELENTSE AND LAKESIDE ESTATES LTD

The case originated from a writ filed on 16 May 2008 by La Traditional Council as Plaintiff against Japan Motors, Agric Cattle, Katamanso Nii Otoo Laryea and Santeo Atta Quarshie. The writ and parties were amended multiple times, culminating in Nii Kpobi Tetteh Tsuru III suing on behalf of the La Stool, with SFA Ltd and Fodas Estates Ltd as Plaintiffs, and Agric Cattle, Santeo Mantse, Katamanso Mantse, Nii Odaifio Welentsi III, and Lakeside Estate Ltd as Defendants. The High Court declared title to land parcels in favor of some defendants and the La Stool for others. The Court of Appeal reversed the High Court's decision. The Supreme Court was called to determine preliminary issues regarding the legal capacity of the original Plaintiff and the Defendants.

MARFUL-SAU, JSC: - The action that has culminated into this appeal before us was originally initiated with a writ filed on 16th May 2008. The writ was filed by the La Traditional Council as the Plaintiff suing per its lawful Attorney Joseph Annang Mensah. The original defendants endorsed on the writ were named as Japan Motors, Agric Cattle, Katamanso (Nii Otoo Laryea) and Santeo (Atta Quarshie). On the 21st January 2009, an amended writ was filed replacing the original Plaintiff, La Traditional Council with La Divisional Council, as the new Plaintiff. The record of appeal showed that the writ and pleadings in the case suffered several amendments till it was further amended by making Nii Tetteh Kpobi Tsuru III, the Plaintiff for and on behalf of the La Stool. Now, as a result of the several amendments, discontinuance and joinders in the suit, at the end of the trial the parties in the suit were as follows:- ‘’1. Nii Kpobi Tetteh Tsuru III (Deceased)- Subtituted by Nii Obodai Oda...