JUDGMENT
OLLENNU J. In this case the plaintiff sued in a representative capacity, that is, " for himself and on behalf of his brothers constituting the family of the late W. H. Chapman."
At an early stage in the proceedings the defendant challenged the plaintiff's authority to institute the action, and put the following question to him: "Have you authority to institute this action?" To that question the plaintiff replied: "H is not necessary." Maintaining that contention the plaintiff led no evidence to prove that he had been duly authorised by the Chapman family to bring the action.
Worse than that, both by his oral and documentary evidence the plaintiff proved that the property in dispute was owned not by the Chapman family exclusively, but by them jointly with the Ocloo family, of which the defendant is a member, and that the two families acting together had appointed one Robert Kojo Ocloo caretaker of the property. This man, Robert Kojo Ocloo, gave evidence immediately after the plai…