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

IN THE SUPERIOR COURT OF JUDICATURE, IN THE HIGH COURT OF JUSTICE, GENERAL JURISDICTION 14 HELD IN ACCRA ON MONDAY THE 14TH DAY OF JULY, 2025 BEFORE HER LADYSHIP JUSTICE ELLEN VIVIAN AMOAH JENNIFER KOOMSON PLAINTIFF (Per Lawful Attorney Rockson Kweku Nkrumah) SUIT NO.: GJ/0144/2025 VRS ESTHER ASANTEWAA & ANOR. DEFENDANTS PARTIES: PLAINTIFF’S LAWFUL ATTORNEY – PRESENT APPIAH NKWANTABISA REPS. 1ST DEFENDANT 2ND DEFENDANT - PRESENT COUNSEL: VICTOR KWESI OPEKU FOR THE PLAINTIFF/RESPONDENT – PRESENT EUGENE AIDOO WITH ERIC NKUAH HOLDING THE BRIEF OF ROBERT SUMAA FOR THE DEFENDANTS/APPLICANTS – PRESENT RULING ON APPLICATION TO DISMISSS THE SUIT AND ALL PROCESSES THEREON FOR WANT OF CAPACITY AND GROSS ABUSE OF COURT PROCESSES ====================================================================The basis of the Applicants’ motion is that the Plaintiff sued the Defendants on 8th November, 2024 in respect of properties forming part of the Estate of one Benjamin Asenso. It is the case of the Applicants that the named properties are not being claimed as the personal properties of the Applicants. The Applicants say that the Respondent has not been authorized to sue the Applicants in their personal capacity. Applicants further say that even the Power of Attorney used by the Respondent in the instant suit does not mandate him to sue in his personal capacity but rather as a co- Administrator. Applicants say this is contrary to law. Applicants say that the Estate of the late Benjamin Kweku Asenso ought to have been sued through its lawful administrators in lieu of the Applicants in their personal capacities. Applicants relied on the case of Fordjour v Kaakyire [2015] GMJ that; “In practice the proper party to be sued in respect of the estate of the deceased person is either the customary successor of the estate. In this case, the Defendants are neither the two”. The Applicants stressed on the importance of capacity with reference to Standard Bank Offshore Trust Company Limited v National Investment Bank J4/63/2016 to the effect that one must have capacity before suing. Applicants say that the Respondent is aware of his lack of capacity. This is because on 14th October, 2024, she caused a Search to be conducted which indicated that at the time of issuing the Writ, Letters of Administration had not been sealed. In response, the Respondent canvassed the view that the Defendants/Applicants have indeed being rightly sued in their individual capacities. Respondent says on 31st July, 2024 they issued a Writ against the Applicants in their capacity a Administrators of the Estate of her late deceased husband. Respondent says similar application was moved by the Applicants for which a Ruling was given on 28th October, 2024 in which the Court took the view that as the then Respondent herein had sued without Letters of Administration, their action was incompetent. This dismissal caused the Respondent to issue a new Writ dated 8th November, 2024. Abuse of Court process as alleged by the Applicants is a state of affairs which involves using legal tactics in a manner that ultimately aimed at undermining the integrity of the Judiciary. The Applicants say that a look at the Respondent’s Search dated 14th October, 2024 attached to their affidavit in opposition, it is clear that Respondent admits that at the time of issuing the Writ, Certificate of Letters of Administration had not yet been sealed. In fact, in Exhibit C, attached to Applicants’ supplementary affidavit filed on 4th March 2025, the same matter came before the Court differently constituted. It resulted in the Plaintiff’s suit filed on 31st July, 2024 being dismissed. The basis of that Judgment being that the Plaintiff had demonstrated that Letters of Administration was not sealed before she embarked upon her steps to issue the Writ, thus, effectively affecting her capacity to sustain the Writ. More importantly, this decision has not been appealed. In various Commonwealth jurisdictions, locus standi is a serious matter. It affects access to justice jurisdiction judicial powers and remediation of Civil wrongs in Constitutional law and administrative law. It is trite law that for a person to have locus standi, he or she must have sufficient interest in the matter. In the final analysis, whether a Plaintiff has sufficient justiciable interest or sufficiency of injury or damage depends on the facts of each case. Application to dismiss the suit is granted. It is clear that the Plaintiff technically lacks capacity to sustain to sustain the suit at this juncture. (SGD) H/L. ELLEN VIVIAN AMOAH (JUSTICE OF THE HIGH COURT) 3