[2022]DLHC11780 • October 26, 2022 • High Court
ODEHEKPAKPA KING ODAIFIO WELENTSI AND Q3 COMPANY LIMITED vs. CEMONIT GHANA LIMITED AND ORCA DECO COMPANY LIMITED.
The Respondents initiated a suit seeking declaration of title, recovery of possession, damages for trespass, and perpetual injunction against the Applicants. The Applicants filed an application to dismiss the suit for lack or want of capacity, arguing that the 1st Plaintiff's power of attorney had been revoked, thus incapacitating the Plaintiffs to continue the action. The 1st Plaintiff had sued through a lawful attorney whose authority was later disclaimed, raising the question of whether the suit was maintainable.
read moreRULING 1.0 The 2nd Defendant/Applicant herein, (hereafter “the Applicant”) on 3rd November, 2021, filed this application to have the writ of summons and the statement of claim filed by the Plaintiffs/Respondents (hereafter “the Respondents”) dismissed for lack/want of capacity. 1.1 On the 18th day of August, 2022, when the application came up before me, I ordered both counsel for the parties to formally address the court on the application. 1.2 On 26th August, 2022, learned counsel for the Applicant in compliance with the orders of this court duly filed his written submission in respect of his application and on 5th September, 2022, learned counsel for the Respondents also filed his written submission. 1.3 The background of this case is that the Respondents caused to issue for them the present writ seeking declaration of title, recovery of possession, damages for trespass and perpetual injunction against the Applicant and the 1st Defendant. 1.4 Now the application before t...