ALHAJI YAKUBU BUNYAMINU & ALHAJI IBRAHIM MOHAMMED V. TRUE FAITH CHURCH & ALHAJI ABDULAI AND ABUBAKARI SADDICK IDDRISU & EMMANUEL DWAMENA VS. TRUE FAITH CHURCH & ALHAJI ABDULAI

RULING

Dr. Poku Adusei JA

At the application for directions stage in this consolidated-suits, issues bordering on capacity/locus standi, estoppel, and lack of jurisdiction in the High Court were raised by the defendants herein. The court then directed the parties to file affidavit evidence and written addresses in support of their respective positions on the matters raised. In deciding these preliminary issues, it is imperative to intimate that whereas the burden of establishing one’s capacity or locus standi lay on the plaintiffs, the burden of establishing the defence of estoppel or lack of jurisdiction in the court rested with the defendants. See Sarkodee I v. Boateng II [1982-83] GLR 715 SC holding 2; Musama Disco Christo Church v. Jehu-Appiah [2010] 27 MLRG 56 CA.

Case of the defendants

In limine, the contention of the defendants was that they had obtained an earlier judgment at the Circuit Court, Kumasi in a suit intituled True Faith v. Master Alhaji [A1/35/17] in respect of the dis…