OSU STOOL V. LATTER DAY SAINTS

JUDGMENT

 ADJEI, J.A.

The Plaintiff/Appellant maintained an action against the Defendant/Respondent at the High Court, Accra to claim ownership over a parcel of land at Osu. After the Defendant filed his defence which was replied to by the Plaintiff, the Defendant brought an application under Order 33 rule 5 and the High Court’s inherent jurisdiction to dismiss the suit. For the purposes of this appeal and ease of convenience, the Plaintiff/Appellant will be referred to as the Plaintiff and the Defendant/Respondent will be referred to as the Defendant, that is, the parties shall maintain their respective designations at the court below.

The motion to dismiss the Plaintiff’s action was resisted by the Plaintiff. The High Court heard both parties and on the 10th of November, 2017, granted the Defendant’s application on the ground that the Plaintiff lacked capacity to maintain an action over the disputed property. The Plaintiff, dissatisfied with the ruling dismissing his action for want of…