FIRST GHANA BUILDING SOCIETY V. ADDY

OSEI-HWERE J.: By two separate actions the next friend herein, first in his capacity as principal tenant and subsequently in his capacity as caretaker to Kingsley Anyimadu Acheampong, sued the defendants to set aside the sale of the house which is the subject-matter of this action. Both suits were dismissed on the ground that he had no locus standi. He has come back to court in his changed capacity as the plaintiff’s next friend and he has pleaded the unsoundness of the plaintiff’s mind as his authority to act.

The defendants invite the court by this motion to dismiss the action on the principal ground that the plaintiff, Norris Kingsley Hansen Addy, is not fit and qualified to act as next friend in the event of Acheampong suffering from mental disability or infirmity. The defendants have disclosed in their affidavit a catalogue of certain acts of the next friend which they hold as adverse to the interest of Acheampong to disqualify him from so acting. They also complain that it was af…