RULING ON APPLICATION TO DISMISSS THE SUIT AND ALL PROCESSES THEREON FOR WANT OF CAPACITY AND GROSS ABUSE OF COURT PROCESSES
The basis of the Applicants’ motion is that the Plaintiff sued the Defendants on 8th November, 2024 in respect of properties forming part of the Estate of one Benjamin Asenso.
It is the case of the Applicants that the named properties are not being claimed as the personal properties of the Applicants. The Applicants say that the Respondent has not been authorized to sue the Applicants in their personal capacity. Applicants further say that even the Power of Attorney used by the Respondent in the instant suit does not mandate him to sue in his personal capacity but rather as a co- Administrator. Applicants say this is contrary to law.
Applicants say that the Estate of the late Benjamin Kweku Asenso ought to have been sued through its lawful administrators in lieu of the Applicants in their personal capacities. Applicants relied on the case of Fordjour v Kaakyire [2…