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THE CASE LIBRARY

Case Title

NII KPOBI TETTEY TSURU III (SUBST. BY NII OBODAI ADAI IV FOR AND ON BEHALFF OF LA STOOL) 2. SFA LIMITED 3. FODAS ESTATES LTD VRS 1. AGRIC CATTLE 2. SANTEO MANTSE 3. KATAMANSO MANTSE 4. NII ODAIFIO WELENTSE 5. LAKESIDE ESTATES LTD . CIVIL APPEAL SUIT NO. J4/15/2019 18TH MARCH, 2020

Case Principle
Capacity of a party
Case Authority
The law is trite that capacity is a fundamental and crucial matter that affects the very root of a suit and for that matter, it can be raised at any time even after judgment on appeal. The issue is so fundamental that when it is raised at an early stage of the proceedings a court mindful of doing justice ought to determine that issue before further proceedings are taken to determine the merits of the case. Thus, a Plaintiff whose capacity is challenged need to adduce credible evidence at the earliest opportunity to satisfy the court that it had the requisite capacity to invoke the jurisdiction of the court. If this is not done, the entire proceedings founded on an action by a Plaintiff without capacity would be nullified should the fact of non-capacity be proved.