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ESSON
V.
OPPONG AND ANOTHER

(1987) JELR 64707 (HC)

High Court 4 Aug 1987 Ghana
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- The case involves a plaintiff who filed a lawsuit against two defendants for damages resulting from a car accident. - The plaintiff's attorney served the lawsuit on both defendants, but there is a certificate of non-service for the first

Case Details

Judges:KPEGAH J.
Counsel:ASIAM FOR THE PLAINTIFF; E. F. SHORT FOR THE DEFENDANTS.
Other Citations:[1992] 2 GLR 36

KPEGAH J.: I deem it necessary to decorate this ruling of mine with a pertinent statement of Holt C.J. in an anonymous case reported in Salkeld Reports (Anon I SALK 86). His lordship said:

“The course of this Court is, where an attorney takes upon himself to appear, the Court looks no further, but proceeds as if the attorney has sufficient authority.”

On 23 July 1987 the plaintiff issued a writ of summons against the two defendants claiming general and special damages suffered as a result of the negligent driving of the first defendant who is the insured of the second defendant — an insurance company. The writ was accompanied with a statement of claim. Both documents were served on the second defendant. There is however a certificate of non-service in respect of the first defendant. On 13 August 1987 however, Mr. Emile Francis Short entered appearance for both defendants. In the memorandum of appearance accompanying the entry of appearance, it was specifically stated that the entry of a…

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