JONAS OBODAI TORTO & ANOR v STANLEY ANYETEI NUNOO & ORS

This Court of Appeal decision arises from a dispute within the La Dadekotopon Youth Association (LDKYA), where Jonas Obodai Torto and two others challenged the status of Stanley Anyetey Nunoo and Samuel Kotey Nikoi as officers recorded by the Registrar of Companies and sought broad declaratory, rectification, accounting, and injunctive reliefs, including matters tied to La Pleasure Beach. The High Court dismissed the suit as frivolous and abusive, awarding costs to all defendants, prompting an appeal on two grounds: that the ruling was against the weight of evidence and that the costs were excessive. The authoring judge, Barima Oppong, held that the omnibus ground was unavailable because the case was decided on affidavits without trial, and affirmed the costs as a proper exercise of discretion under Order 74. Justice Emmanuel Ankamah joined the majority without separate reasons. Dr. Ernest Owusu-Dapaa concurred in the dismissal but for different reasons, opining that the plaintiffs lacked capacity to sue on behalf of the company. The Court dismissed the appeal and affirmed the High Court’s decision, ordering no costs on appeal.