NII SOWAH AKO-ODOI & ANOR V. MELCOM LTD. & 3 ORS.

RULING Introduction This is an application brought on behalf of the 1st defendant praying the court to dismiss the plaintiffs’ suit for lack of capacity. It is the case of the applicant that the plaintiffs lack capacity to institute this action in respect of the land in dispute as per their own showing, the land in dispute does not belong to the plaintiffs’ Ako Toboase family but rather belongs to the Odoi Atsem family. Counsel for the parties prayed the court to allow them to file legal arguments in respect of their various positions which they duly did. Counsel for the applicant filed his legal arguments on 13th April 2021 and counsel for the plaintiffs/ respondents filed his submissions on 27th April 2021 though both had been directed to file on or before 12th April 2021. Summary of Plaintiffs’ case By an amended writ of summons issued on 25th January 2021 upon the joinder of the 4th defendant to the suit, the plaintiffs claimed the following reliefs against the de...