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MARFUL-SAU, JA:-The fundamental issue raised in this appeal is whether or not the plaintiff/ appellants (hereinafter called appellants) had the capacity to institute the action leading to this appeal. The trial High Court had on the 24th October 2012 dismissed appellants’ action on grounds that they lacked the requisite capacity to initiate the action. Dissatisfied with the said ruling the appellants filed a notice of appeal on the 30th of October 2012. In the said notice the appellant’s formulated one ground of appeal, namely that the learned High Court Judge erred in law by dismissing the suit for want of capacity.
The appellants issued a writ accompanied with a statement of claim against the defendants/ respondents (hereinafter called respondents) claiming various relie fs. Upon service, the respondents filed a motion praying that the writ be struck out and the suit dismissed. The trial High Court heard the motion on its merits and dismissed the suit. At page 27 of the record of app…