MARIAMA OWUSU, J.A.
On 8-8-2008, the High Court, Accra, dismissed the claims of the plaintiffs in the consolidated suits. In its judgment, the trial court held among other things as follows;
“On the whole I find that plaintiffs in both suits lack the requisite capacity to sustain the action filed in this court. I shall accordingly dismiss both suits filed by the plaintiffs in both cases. The property has actually been sold to the 2nd defendant who has paid for it in full.
I find nothing to detract from the validity of the sale of the property to 2nd defendant for me to set the said sale aside and I decline to do so.
The court however has decided not to award costs to the 1st defendant. However, the 2nd defendant who is not a member of the 1st defendant family and who has successfully defended the action against him is awarded cost of GH¢1,000.00 against the plaintiff in suit No. 96/2002 and a further cost of another GH¢1,000.00 against plaintiffs in suit No. 105/2007”.
Dissatisfied with t…