JUDGEMENT
KWOFIE JSC:
My lords, this is an appeal against the judgment of the Court of Appeal delivered on 1st February, 2024 wherein the Court dismissed the defendants/appellants appeal and affirmed the judgment of the trial High Court, Accra. Still dissatisfied with the judgment of the Court of Appeal, the defendant/appellants launched the present appeal to the apex court per a Notice of Appeal dated 23rd April 2024 on the following grounds:
(a) The decision is against the weight of evidence.
(b) The learned justices of the Court of Appeal erred in law when they held that the respondent didn’t need to specify on the Writ of Summons and Statement of claim the capacity in which he instituted the action in the High Court.
Particulars of error of law
The decision that in a representative action the plaintiff does not need to state specifically in the Writ of Summons and Statement of claim the capacity in which he institutes the action.
(c) The learned justices of the Court of Appeal erred in t…