CHRISTOPHER DADZIE vs. KWESI ITU

JUDGMENT INTRODUCTION On 14th February 2022, the District Court Cape Coast dismissed the suit for want of capacity on the part of the plaintiff-appellant, hereinafter called the appellant, depicted on page 100 of the Record of Appeal in the following terms; "The challenge to the plaintiff's capacity to sue the defendant was made by counsel for the defendant during his cross-examination of the plaintiff. Both lawyers for the parties raised the point as a legal issue in their written addresses and canvassed arguments for and against the issue. Having examined the evidence on Record and the applicable law, I am inclined to agree with counsel for the defendant that the plaintiff has no authority to commence the action against the defendant. In the case of Stephens v Apoh [2010] MLRG 12 at 26 SC Anin Yeboah JSC as he then was held as follows; "It is the law that if an action succeeds on a plea of statute of limitation, lack of jurisdiction or lack of locus standi, the trial court and ...