THE APPAREL OF LITIGATION.

CAPACITY TO SUE;

Want of capacity in an action is fatal. A person with no capacity cannot institute an action.

In an action, one must show the capacity in which he/she is being heard or must be heard. If you don’t have any capacity to sue and you on ahead you become a busybody in the eyes of the law.

You either act for yourself, by proxy, by power of attorney or in a representative capacity. If you are not acting for yourself, you need to show by cogent evidence in which capacity you are acting.

If you are making utterances in court in the first person as if you are a party to the suit whilst the original party is also ready and available to give his/her own evidence, kalite18 all that you have said in court is inadmissible and will be struck out. vintage fashion website

If one is not a party to a suit then that person can only be heard as a witness in the suit. Check sameday-lend.

In the case of SARKODIE 1 VRS BOATENG II [1982-83] GLR ,The principle was espoused as follows: ‘it was elementary that a Plaintiff or Petitioner whose capacity was put in issue must establish it by cogent evidence. And it was no answer for a party whose capacity to initiate proceedings had been challenged by his adversary to plead that he should be given a hearing on the merits because he had a cast – iron Case against his opponent.