MADAM ABIGAIL TWUBA HALM v. GRACOMA LTD & OTHERS

MARFUL-SAU, JA, writing for the Ghana Court of Appeal, reviewed a High Court interlocutory ruling in a Cape Coast land dispute in which the plaintiff sought title, cancellation of transfers and registrations, damages, and possession related to property allegedly sold to the 4th defendant. The 4th defendant argued the plaintiff lacked capacity because the property belonged to the 1st defendant company and the plaintiff was not a member; the High Court set capacity down for determination by affidavit evidence and legal argument. On appeal, the court held there is no fixed method to prove capacity—the appropriate evidentiary route depends on the nature of the capacity—but found the capacity challenge lacked legal basis because the plaintiff sued in her own right and asserted no special status requiring proof. While rejecting the appellant’s specific complaint about affidavit evidence, the Court allowed the appeal, correcting the trial court’s error in ordering a capacity inquiry, and remitted the case for trial of the substantive issues. Honyenuga, JA and Dennis Adjei, JA concurred.