Koomson v Asantewaa and Another (GJ/0144/2025) [2025] GHAHC 91 (14 July 2025)

IN THESUPERIORCOURT OF JUDICATURE, IN THEHIGH COURT OF JUSTICE, GENERAL JURISDICTION 14HELDINACCRA ON MONDAY THE 14TH DAYOF JULY, 2025BEFORE HERLADYSHIP JUSTICEELLENVIVIANAMOAH SUIT NO.: GJ/0144/2025 JENNIFERKOOMSON PLAINTIFF (Per LawfulAttorney RocksonKwekuNkrumah) VRS ESTHERASANTEWAA &ANOR. DEFENDANTS PARTIES: PLAINTIFF’S LAWFULATTORNEY –PRESENT APPIAHNKWANTABISA REPS. 1STDEFENDANT 2ND DEFENDANT- PRESENT COUNSEL: VICTORKWESI OPEKU FORTHE PLAINTIFF/RESPONDENT –PRESENT EUGENEAIDOO WITHERICNKUAHHOLDING THEBRIEF OF ROBERT SUMAAFOR THEDEFENDANTS/APPLICANTS –PRESENT RULINGON APPLICATION TODISMISSS THE SUITANDALLPROCESSES THEREON FORWANT OF CAPACITYANDGROSS ABUSEOF COURT PROCESSES ====================================================================The basis ofthe Applicants’ motion isthat the Plaintiff suedthe Defendants on8thNovember, 2024in respect ofproperties forming partoftheEstate ofone Benjamin Asenso. 1 It is the case ofthe Applicants thatthe named propertiesarenot being claimed asthe personalproperties ofthe Applicants. The Applicants say that the Respondenthas not been authorized tosue theApplicants intheir personalcapacity. Applicants furthersay that eventhe Power ofAttorneyused by the Respondent in the instant suit doesnotmandate him tosue in his personalcapacity but rather asaco- Administrator. Applicants say this iscontrary tolaw. Applicants say thatthe Estate ofthe lateBenjamin KwekuAsenso ought tohave been sued throughitslawfuladministrators in lieuofthe Applicants in their personal capacities. Applicants relied onthe case ofFordjour vKaakyire [2015] GMJ that; “Inpractice the properpartytobe sued in respect ofthe estate ofthe deceased personis either thecustomarysuccessorofthe estate.Inthis case, the Defendants are neither the two”. The Applicantsstressed onthe importance ofcapacity withreference toStandard Bank Offshore Trust CompanyLimited vNational Investment BankJ4/63/2016tothe effect that onemust havecapacity beforesuing. Applicants say thatthe Respondent is aware ofhis lack ofcapacity. This is because on 14th October, 2024,she caused aSearch tobe conducted which indicated that at thetime ofissuing the Writ, LettersofAdministration had notbeen sealed. Inresponse, the Respondent canvassed the view thatthe Defendants/Applicants have indeed being rightlysued intheir individualcapacities. Respondent sayson31stJuly, 2024they issued aWrit against theApplicants in their capacity aAdministrators ofthe Estate ofherlate deceased husband. Respondent sayssimilar applicationwas movedby the Applicants forwhichaRuling was givenon28thOctober, 2024in whichthe Courttookthe view thatas thethen Respondent herein had sued without LettersofAdministration, their actionwas incompetent. This dismissal caused the Respondentto issue anewWrit dated 8th November,2024. 2 Abuse ofCourtprocess asalleged by the Applicants is astate ofaffairswhichinvolves using legaltactics inamanner thatultimatelyaimed at undermining the integrity of the Judiciary. The Applicantssay thatalookatthe Respondent’s Searchdated 14th October,2024 attached totheir affidavit in opposition, it is clearthat Respondent admitsthatat the time ofissuing the Writ, Certificate ofLettersofAdministration had not yetbeen sealed. Infact, inExhibit C,attached toApplicants’ supplementaryaffidavit filed on4th March2025,thesame mattercame beforethe Courtdifferentlyconstituted. Itresulted in thePlaintiff’s suit filed on31stJuly, 2024being dismissed. The basis ofthatJudgment being that thePlaintiff had demonstratedthat LettersofAdministrationwas notsealed before she embarked uponher stepstoissue the Writ, thus, effectively affecting her capacity to sustain the Writ. Moreimportantly, this decision has notbeenappealed. Invarious Commonwealthjurisdictions, locus standiis aseriousmatter. Itaffects access tojustice jurisdiction judicial powersandremediation ofCivilwrongsin Constitutional lawandadministrative law. It is trite lawthat forapersontohavelocus standi, he orshe must havesufficient interestin thematter. Inthe finalanalysis, whetheraPlaintiff has sufficient justiciable interestorsufficiency ofinjuryordamage depends onthefacts ofeach case. Applicationto dismissthe suit is granted. Itis clear thatthe Plaintiff technically lackscapacity tosustain tosustain the suit atthis juncture. (SGD) H/L. ELLENVIVIANAMOAH (JUSTICE OF THE HIGHCOURT) 3