JUDGEMENT
ARCHER, JA:
This appeal arises from the refusal of the High Court, Land Division (Court 12) Accra, to dismiss the suit for want of capacity under the inherent jurisdiction. In this judgment, the 1st Defendant/Appellant shall be referred to as the “Appellant,” and the Plaintiff/Respondent shall be referred to as the “Respondent.”
The facts of this case can be summarized as follows:
It is the case of Respondent that, pursuant to a Lease dated 29th October 1981, the Government of the Republic of Ghana granted a parcel of land known as Plot 1A containing an approximate area of 0.97 of an acre to Plaintiff for a term of 50 years commencing the 1st day of February 1979. Subsequently, Plaintiff proceeded to pay the ground rent consistent with its rights in the property. The purpose of the acquisition was for the construction of a restaurant and office. At the time of its acquisition of Plot 1A, it shared a common boundary with Plot 1 (currently Opeibea Building), owned by the late Emm…