KINGSFORD ODOI CHARWAY V. JAMES OKPOTI MENSAH

BARTELS-KODWO, J.A:

The Plaintiff/Appellant instituted an action at the trial court describing himself as a member and principal elder of the Nii Adjei Charway Family of La on his own behalf and on behalf of the family. This action was against the Defendant/Respondent for recovery of land which forms part of the Nii Adjei Charway Family at Oyarifa. The parties in this judgment will be referred to as the Appellant and the Respondent. On the 30th of April 2018, after a full trial the trial court dismissed the Appellant’s action for want of capacity to bring the suit and declared the Writ a nullity. It also dismissed the counterclaim of the Respondent having declared the Writ a nullity. It is against the judgment of the trial court which is at pages 236A - 236M that this appeal is brought. Though the Notice of Appeal contained three grounds of Appeal the Appellant before this court argued only the first ground being that:

“The trial judge was wrong in dismissing the Plaintiff’s action on t…