NENE TETTEH WAYO DUAMOR XI V. ASAFOATSE KWEITEY ADELA V & MURPHY CONSTRUCTION LTD

RULING

[1] This ruling is in respect of a Motion on Notice for an order to Set Aside Writ of Summons and Statement of Claim for Want of Capacity filed by the 2nd Defendant/Applicant (hereinafter called “The Applicant”).

[2] The application is supported by a 16-paragraphed Affidavit dated 15th April 2025. The relevant paragraphs of the Affidavit read as follows:

5. That 2nd Defendant is advised by Counsel and verily believes same to be true that as shall be demonstrated by Counsel at the hearing of this application, the Writ of Summons and Statement of Claim has been issued contrary to the provisions of law and the procedures of this Honourable Court and an abuse of the court process.

6. That the said Writ of Summons and Statement of Claim is vexacious as Plaintiff knowingly has no form of capacity stemming from the Loweh Aniamorsi Family and are also wrought with errors and same cannot be admitted in this Honourable court and hence must be set aside.

7. That the matter of family head of the Loweh A…