CECIL RAWLINGS VS LAURENDA OWUSU & ORS

This High Court ruling by Justice Gifty Agyei Addo arises from a land dispute over Plot No. 3 at 1st Peach Avenue, Burma Hills, East La Dadekotopon, involving Plaintiff Cecil Rawlings and 1st Defendant Laurenda Owusu, later joined by East Dadekotopon Development Trust, Nii Kwade Okropong I, Lawrence Kanyi and Laud Samuel Nsiah Akuetteh. The Plaintiff sought title declarations, indefeasibility under the Land Title Registration Act, injunctive reliefs, demolition and damages. The 1st Defendant applied to stay or dismiss the action, contending that the named Plaintiff was non-existent or fictitious. The Court ordered the Plaintiff to produce a certified passport; the exhibited passport bore Cecil Thomas Manly Rollings, not Cecil Rawlings, and signatures differed from those on the deed of assignment. The Plaintiffs motion to amend the title to add a.k.a. was refused under Nkrumah v Serwah. Applying Order 2 Rule 1 of C.I. 47, Section 11(1) of the Evidence Act, and authorities on capacity and identity, the Court dismissed the suit for want of an identifiable Plaintiff and awarded costs to the defendants.