The plaintiff in his writ claimed for declaration of title to a parcel land situate and lying at Abrankese commonly known as “Kotoaso”, recovery of possession of same, an order for the demolition of all structures constructed thereon, general damages for trespass and the demolition and an order of perpetual injunction restraining the defendant etc. from further interfering with the land.
The defendant on receipt of the writ entered a conditional appearance and filed a motion for the case to be struck out since plaintiff lacks capacity to institute the case. That the plaintiff is not the head of family and so must satisfy the “statutory, legislative and judicial” requirements that would entitle him to institute the action in the stead of the substantive head of family.
The defendant avers that the instant action by the plaintiff is an abuse of the court process and intended to embarrass and unnecessarily torment him given that the plaintiff has by his previous conduct …