ROBERT ANSAH vs. AGYARE & 3 ORS

RULING This is an application for and on behalf of the defendants/applicants hereinafter referred to as the applicants praying the court for an order setting aside the writ of summons and statement of claim on the ground that the plaintiff lacks capacity to issue the writ or commence the action. SUBMISSION BY COUNSEL FOR THE APPLICANT Counsel submitted that on 08/04/09 the plaintiff caused a writ of summons to be issued together with a statement of claim seeking the reliefs endorsed thereon. That per the statement of claim particularly paragraphs 7,8,9,10,11,12,13 and 14, plaintiff alleges that the land in dispute belongs to his father the late Offei Bekoe. The 6th defendant who joined to the suit by a court order dated 16/01/19, filed a statement of defence, wherein at paragraph 4, he raised the issue of plaintiff’s capacity to sue. That the plaintiff had earlier on 28/02/17 filed a witness statement and exhibits he intends to rely on during the trial. Counsel argues that the .....