Subject Matter Index

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Categories of juristic persons who may sue or be sued eo nomine

Duty of the plaintiff in a suit to establish the capacity in which he sues

Effect of failure to prove the capacity made out in the writ

How the right to sue and be sued eo nomine is derived

Position of the law regarding the amendment of the name of a party

The onus on the plaintiff to prove his capacity when challenged

The position of the law on the proper stage to challenge the legal capacity of a company

The position of the law on who can sue and be used in a Ghanaian court of law

The position of the law where a party's capacity to sue is challenged

The principle that the Government of the Federation or of a State is constitutionally endowed with a corporate entity and can sue or be sued

The rule that a body not vested with juristic or legal personality cannot sue or be sued

The rule that a limited liability company must tender its certificate of incorporation to prove its legal capacity

The rule that a party to an action must be a legal person

The rule that where the legislature has expressly created a body or thing with functions and powers conferred thereupon to own property, or to employ servants, or engage in any act likely to inflict injury on any person or thing, then it must be implied that the legislature has given it the power to sue or be sued in the name thereof

Whether a body created by a statute for the discharge of specific public functions is capable of being sued in a claim for declaration relating to those functions

Whether a church must be registered as a company limited by guarantee before being clothed with capacity to sue and be sued

Whether a church registered as a company limited by guarantee has capacity to sue and be sued in the name in which it was incorporated

Whether actions against the state can be brought against the Attorney General's department

Whether a firm or partnership not carrying on business in Ghana can sue in its name

Whether a limited liability company must be shown to have been incorporated in Ghana before it will be allowed to sue

Whether a member of an unregistered association can maintain an action in the name of the association

Whether a minor can maintain an action in his name

Whether an amendment can be made to substitute a juristic person for a non-juristic person

Whether an association of persons can sue and be sued in their name

Whether an association of persons that cannot sue or be sued can maintain a representative action

Whether an association of persons, without incorporation, is a legal person

Whether a non-existent person or entity can sue as a plaintiff or be sued as a defendant

Whether a person's family is a legal entity separate and distinct from each member of the family

Whether a person wrongly appointed to an office and acting in it can be sued

Whether a plaintiff can be heard to argue that the defendant is non-existent in order to deprive it of the right to appeal against that judgment

Whether a plaintiff who institutes an action must be competent to do so

Whether capacity is a question of fact that must be specifically pleaded and proven at the trial

Whether "Divisional Pollice Officer" is a juristic person

Whether every officer or member of a company can institute an action on behalf of the company

Whether or not a church registered as a company limited by guarantee can sue without the use of the word “Limited by Guarantee” or "LBG" as part of its name

Whether the creation of a power of attorney is evidence of the existence of a company

Whether the director or shareholder of a company can sue in its name with respect to a company's property

Whether the issue of capacity can be raised at any stage of the proceedings

Whether the members of a family have the capacity to sue on behalf of the family

Whether the mere act of nominating a representative on the Board of a corporation confers on such representative the right to sue and be sued

Whether the resolution of the Board of Directors of a company is required to institute an action on behalf of a company

Who can sue and be sued?

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