RULING ON PRELIMINARY LEGAL OBJECTION TO PLAINTIFF’S CAPACITY TO INSTITUTE THE ACTION
A. Plaintiff’s Case
By a writ of summons issued on 21st October 2015, the plaintiff claimed the following reliefs against the defendants:
1. An order setting aside the judgment in suit no. AL 154/2007 dated 6th November 2009 as having injuriously affected the plaintiff’s interest. 2. Declaration of title to all that piece or parcel of land contained in the judgment plans in Suit No. L326/75 dated 19/5/1980, Suit No. BL272/2006 dated 1/6/2006 and in suit no. AL154/2007 dated 6th November 2009 and described in the schedule.
3. Recovery of possession.
4. Damages for trespass.
5. Perpetual injunction restraining the 1st defendant by himself, his agents, servants, privies, assigns and workmen from interfering in anyway whatsoever with plaintiff’s land.
In the statement of claim attached to the writ of summons, the plaintiff describes himself as the ‘Mantse of Katamanso and owner of land describ…