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ANITA ASARE
V.
THE LIAISON OFFICER ASANTEHENE’S LAND SECRETARIAT

(2016) JELR 66494 (HC)

High Court 5 Dec 2016 Ghana
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- The ruling is in response to an objection raised by the defendant's counsel regarding the competency of the application for joinder. - The objection is based on the fact that the writ bears the stamp of a different law firm than the one t

Case Details

Suit Number:SUIT NO. IRL 58/2014
Judges:FRANCIS OBIRI
Counsel:MR. NYAMAA POKU FOR PLAINTIFF/APPLICANT,MR. KYEI MENSAH SARPONG FOR DEFENDANT/ RESPONDENT

RULING

OBIRI, J.

This ruling has become necessary as a result of an objection raised by Counsel for the defendant against the competency of the application for joinder filed on 25-11-2016. Counsel objection was based on the following ground:

That the writ bears the stamp Poku and Associates, Box 4757, Kumasi but there is no name as to the person who issued the writ. However, the motion for joinder has been signed by E.N Poku and the name of the firm that issued the motion is Poku Nyamaah and Associates.

Counsel therefore submits that, Poku and Associates is different from Poku Nyamaah and Associates. Therefore, the motion for joinder should be dismissed.

In response, Counsel for the plaintiff argued that, although the name of the Lawyer is necessary in signing documents, but in certain cases, it is not mandatory. Counsel submitted that, even in cases of a Lawyer filing appearance, it is only the signature and the license number of the Lawyer that, the rules provides for and not even the na…

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