Customer Support

NUMO ALFRED QUAYE
V.
LEMUEL MARTEY QUARSHIE & ANOR

(2025) JELR 114568 (SC)

Supreme Court 2 Apr 2025 Ghana
BriefBot icon

BriefBot Summary

Free

- The Supreme Court held that the Plaintiff lacked capacity to institute the action as head of family under Order 4 rule 9 and Order 16 rule 5(4) of CI 47, and this fundamental defect could not be cured by amendment; thus, the Plaintiff’s a

Case Details

Suit Number:CIVIL APPEAL J4/63/2023
Judges:A. LOVELACE-JOHNSON (MS.), JSC R. ADJEI-FRIMPONG, JSC G. SACKEY TORKORNOO (MRS.), JSC DARKO ASARE
Counsel:CHRISTOPH KOFI KOKA ESQ. FOR PLAINTIFF/RESPONDENT/APPELLANT/ CROSS RESPONDENT NII AKWEI BRUCE – THOMPSON ESQ. FOR DEFENDANTS / APPELLANTS / RESPONDENTS / CROSS APPELLANTS

J U D G M E N T

ADJEI-FRIMPONG, JSC:

My Lords, for the second time in a few months, this Court is being called upon to pronounce on the ownership of the land, subject matter of this suit. The earlier decision was delivered on 18 December 2024 in the suit intituled NUMO ALFRED QUAYE VRS EDUSEI POKU, Suit No. J4/15/2022. On account of the apparent legal implications the earlier decision bears upon this, we desire to recount what transpired therein in some detail. Henceforth the earlier case will be referred to as the “EDUSEI POKU’S CASE. 

The Plaintiff therein Numo Alfred Quaye who is the same Plaintiff/ Respondent/ Appellant/Cross-Respondent here (herein ‘Plaintiff’) commenced that suit in the High Court against a certain Lawyer Edusei Poku who died in the course of those proceedings. He was substituted for by his wife Veronica who pursued the matter up to this Court. The claim the Plaintiff made which was not any different from what obtains here was that, the land in dispute belonged to …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.