COALITION OF CONCERNED STAFF OF TECHNICAL UNIVERSITIES vs. MINISTRY OF EDUCATION, GHANA TERTIARY EDUCATION COMMISSION (GTEC), ATTORNEY GENERAL & 10 ORS.

RULING Dr. Poku Adusei JA This application raises issues of some procedural importance in civil litigation. The defendants/applicants (hereinafter referred to as the defendants) prayed the honourable court to dismiss the instant action on grounds of lack of capacity and/or locus standi of the plaintiff/respondent (hereinafter referred to as the plaintiff) in THE initiation of the suit. The defendants further prayed the court to dismiss the plaintiff’s suit on grounds that the claims disclosed no reasonable cause of action. It is important to indicate that when objections to capacity and/or locus standi are prima facie capable of resolution by considering the pleadings and/or affidavit evidence, the court could by practice and procedure resolve such objections in limine. This is especially so when such objections are clearly pleaded and the surrounding facts are devoid of any fundamental complexities. Also, pleadings that disclose no reasonable cause of action could be struck out.....