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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 a civil action can only be taken by a natural person or a juristic entity created and recognized by statute. If not, a writ issued in the name of a non-existent Plaintiff is a nullity and same void. The law also is that when the legal status of a Plaintiff is challenged and made an issue, as in this case, it was incumbent on the Plaintiff to adduce cogent evidence to satisfy the court that it had the requisite legal capacity to sue and be sued. The law as we have known it to be is that a non- existent person or entity cannot sue as a Plaintiff neither can a non-existent person or entity be sued as a defendant. Parties initiating any civil proceeding must be either natural persons who are alive or personal representatives of such persons and juristic entities recognized by statute.