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RULING ON MOTION TO DISMISS SUIT FOR LACK OF CAPACITY
Introduction and Procedural History
By a writ of summons issued on 21st March 2017, the plaintiff claimed the following reliefs against the defendant:
i. Declaration of title to all that piece or parcel of land particularly described in the statement of claim.
ii. Recovery of possession.
iii. An order for demolition of all unauthorized structures on the land. iv. Perpetual injunction restraining the defendant, his agents, assigns, privies and whosoever that claims through him from entering, developing or having anything to do with the said land.
v. General damages for trespass.
vi. Cost.
On 30th October 2018, the defendant filed a motion to dismiss the present suit for lack of capacity. This is the third of similar applications brought by the defendant to dismiss the suit. The first was a motion to set aside writ of summons and its service on the defendant on grounds of estoppel but the said application suffered a ‘techni…