JENNIFER KOOMSON vs ESTHER ASANTEWAA & ANOR

RULING ON APPLICATION TO DISMISS THIS 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