RULING
Counsel for Defendant/Applicant has filed this application on notice praying for an order for the dismissal of the Plaintiff’s instant suit for lack of capacity.
The grounds upon which this application to dismiss the instant suit is made are stated in the affidavit in support filed on 2nd July 2024 and supplementary affidavit filed on 17th July 2024 together with written submission and attached annexures marked Exhibit 1, 1A to Exhibit 6 by defendants/applicants. The plaintiff/respondent is vehemently opposed to this application and has filed an Affidavit in opposition to same on the 9th July 2024 together with written submission and attached annexures marked Exhibit A to Exhibit C.
In moving the court for the grant of this application for the dismissal of the instant suit, the learned counsel for the applicants argued that the parties’ case has been adjudicated on in different forums, i.e the District Court Mampong in suit no. A1/114/18 and the Koforidua high court suit no. C12/5…