[2023]DLCA16876 • March 9, 2023 • Court of Appeal
NII ARDE NKPA VI & ORS vs. IRRIGATION DEVELOPMENT AUTHORITY & ORS , NII AYINSAH SASRAKU III
JUDGMENT ADJEI-FRIMPONG, J.A.: The quest of this appeal does not determine the substantive matter in the suit at the court below. The parties before us are fighting over who was the rightful person(s) to prosecute the matter in representation of the plaintiff family, the Nii Arde Nkpa Family of Plerno of the James Town Division. The reliefs sought in the suit, for purposes of this appeal are not material to recount in any detail. Put as shortly as possible, the family was challenging the compulsory acquisition and subsequent allocation of part of its lands situate at Weija as described in the schedule to the statement of claim to the 2nd defendant. Originally, the action was commenced by Nii Arde Nkpa VI, Mantse of Plerno, Nii Offei II, Mantse of Kokrobite, Nii Kwashie Gborlor III, Ngleshie Amanfro Mantse and Chief Ali Agbornarh, Tuba Mantse as 1st, 2nd 3rd and 4th plaintiffs respectively. The representative capacities in which they sued were pleaded as follows: 1. “1....