Representative actions in Ghana case law.

In a representative action it is necessary, both in the writ and in all subsequent pleadings, to state clearly that the parties are suing, or are being sued, in their representative capacity, on behalf of the members of a defined class: see Order 3, of L.N. 140A of 1954. In this case this has been done only in the statement of claim. The representative capacity should also be stated in the title of both the writ and the statement of claim, and not merely in the endorsement of the writ or the body of the pleading. This has not been done here. Where it appears at the trial in a representative action that the plaintiff has failed to state the representative capacity of the parties, the court will give leave to amend either the writ or subsequent pleadings by adding a statement that the plaintiff is suing on behalf of himself and all others of a defined class: see In re Tottenham; Tottenham v. Tottenham [1896] 1 Ch. 628 and Worraker v. Pryer (1876) 2 Ch.D. 109. Even at this late stage, I think that this court can order an amendment so that the writ and the pleadings may reflect the capacity in which the plaintiffs sued and the defendants were sued.

GHANA MUSLIMS REPRESENTATIVE COUNCIL AND OTHERS v. SALIFU AND OTHERS [1975] 2 GLR 246 [1975] SLR (CA) 24 · Court of Appeal · 1975 · AZU CRABBE CJ

The law is that a body of persons having a common interest in a subject-matter may, when that interest is threatened or has been violated, be represented by one or more on behalf of the whole.

GHANA MUSLIMS REPRESENTATIVE COUNCIL AND OTHERS v. SALIFU AND OTHERS [1975] 2 GLR 246 [1975] SLR (CA) 24 · Court of Appeal · 1975 · AZU CRABBE CJ

In my opinion, the second plaintiffs can in a proper form of proceedings vindicate or assert a right on behalf of or against a large and fluctuating body of persons, whether or not such persons have formed themselves into an unincorporated association. The most important condition that the second plaintiffs must satisfy is that they have “the same interest” in the cause or matter.

GHANA MUSLIMS REPRESENTATIVE COUNCIL AND OTHERS v. SALIFU AND OTHERS [1975] 2 GLR 246 [1975] SLR (CA) 24 · Court of Appeal · 1975 · AZU CRABBE CJ