STELLA MAUREEN SAFOA MQADI vs. YUNUS BASHIRUDEEN KORAY. (AND) AMMA ASOR ATTAH AIKINS

R U L I N G In this application, the Defendants are seeking an Order to strike out the pleadings and to dismiss the suit pursuant to Order 11 Rule 18(1) of C.I. 47 and the inherent jurisdiction of the Court. The Motion was grounded principally on the Plaintiff’s Lack of Capacity to donate a Power of Attorney to a donee to initiate the action and the fact that the action is frivolous and vexatious. The Application was opposed by the Plaintiff. For ease of reference, I will reproduce some relevant paragraphs of the affidavit in opposition deposed to by the Plaintiff’s Attorney, Andrew Kwame Anokye here for the full effect. “4. That I am advised by Counsel, and verily believe same to be true that per the motion paper, the reliefs being sought by the Applicants are not fit and proper for orders to be made under Order 11 Rule 18(1). The capacity of a party is proved by evidence. The Applicants, however, have not filed any pleadings raising a challenge to the Respondent’s c...