ANIN YEBOAH, JSC
The applicant herein was sued by the interested party for recovery of a sum of money due and owing to the interested party. The usual ancillary relief of interest was also endorsed on the writ. The facts leading to the claim is not necessary for the determination of this application. It appears, however, that the interested party was represented by its lawful attorney, one Mr. Kwaku Twumasi Ampofo. The High Court, at the application for directions set down the issue of capacity of the interested party to be argued by the parties, as the applicant had challenged the capacity of the plaintiffs on the grounds that the Power of Attorney was irregular.
On 6/12/2005, the High Court dismissed the application to set aside the writ on grounds of want of capacity. The applicants herein appealed to the Court of Appeal which by a majority decision on 12/07/2007 allowed the appeal and set aside the writ of summons and made further consequential orders as follows:
“the writ filed by K…