Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



KWADWO OWUSU
V.
K. KYEM

(2018) JELR 65672 (CA)    
Court of Appeal  ·  CIVIL APPEAL SUIT NO: H1/41/17 ·  24 Jul 2018 ·  Ghana
CORAM
ADUAMA OSEI JA (PRESIDING), DZAMEFE JA, M. WELBOURNE JA

Ratio Decidendi

Core Terms Beta
plaintiff
action
defendant
conditional appearance
writ
head of family
counsel
high court
statement of claim
writ of summons
service of the writ
instant action
abuse of the court process
authority of his head of family
high court judge
capacity of the plaintiff
circuit court
family property
principal elders of his family
additional grounds
ashanti suit no. a1/13/15
behalf of the entire family
circuit court bekwai
civil procedure rules c.i.47
decision of the trial
earlier suit
following grounds
fundamental issue
good reason
intractable rule
issue of capacity
members of his family
order4 r
order of perpetual injunction
plaintiff lacks capacity
plaintiff’s action
plaintiffs lack of capacity
receipt of the writ
statement of defence
stead of the substantive head of family
supreme court
trial judge’s position
writ set
writ strike

JUDGMENT

DZAMEFE, JA

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 …

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