EDWARD WIREDU J.A.
The parties to this appeal will for purposes of convenience be referred to in this judgement as the plaintiff, the first, second and third defendants respectively in the manner in which they have been described on the writ of summons or simply as defendants where the context so requires. The appeal is from a ruling of Okunnor J. sitting at the High Court, Cape Coast dated 1 April 1980 in which he dismissed an objection taken against the plaintiff’s capacity to maintain an action for accounts and rents in respect of his family stool lands.
The facts of this case which are devoid of any complexity may be briefly stated as follows. The parties to this suit are all members of the same family, namely the Kona family of Barko near Breman-Asikuma in the Central Region. The plaintiff is the odikro of Barko village. On the writ of summons issued on or about 18 November 1979, he is described as “the chief of Barko and of the Kona family of Barko”. The first defendant is the he…