Are you interested in Joining program? Contact me.

THE CASE LIBRARY

Case Title

Naos Holdings Inc. vrs. Ghana Commercial Bank (2005-2006) SGLR 407

Case Principle
Capacity of a party
Case Authority
This Court speaking through Sophia Akuffo, JSC (as she then was) delivered herself at page 412 as follows:- “Once its legal status was challenged and its corporate capacity was placed in issue, it was incumbent upon the appellant to produce more cogent evidence of its existence (such as its registered office address or a copy of its certificate of incorporation,) to satisfy the trial court that it has the requisite legal capacity to sue. Since it failed to do so, the trial court was justified in arriving at the conclusion that the appellant did not exist. Furthermore, having dismally failed to satisfy the trial court in regard to such a fundamental issue as capacity to sue, it would Capacity of a party , this Court speaking through Sophia Akuffo, JSC (as she then was) delivered herself at page 412 as follows:- “Once its legal status was challenged and its corporate capacity was placed in issue, it was incumbent upon the appellant to produce more cogent evidence of its existence (such as its registered office address or a copy of its certificate of incorporation,) to satisfy the trial court that it has the requisite legal capacity to sue. Since it failed to do so, the trial court was justified in arriving at the conclusion that the appellant did not exist. Furthermore, having dismally failed to satisfy the trial court in regard to such a fundamental issue as capacity to sue, it would have been pointless for the trial court to order the matter to proceed to trial.’’