HENRY NUERTEY KORBOE
V.
FRANCIS AMOSA

(2016) JELR 65529 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J7/8/2016 ·  20 Jul 2016 ·  Ghana
CORAM
ATUGUBA JSC (PRESIDING), AKUFFO (MS) JSC, ANSAH JSC, DOTSE JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE JSC, AKOTO-BAMFO (MRS) JSC, AKAMBA JSC, APPAU JSC
Core Terms Beta
court
applicant
lawyer
case
miscarriage of justice
exceptional circumstances
review
high court
court of appeal
supreme court
review jurisdiction
supreme court rules
valid solicitor’s licence
basic error
legal profession act
decision of the ordinary bench
exceptional circumstance
legal profession
decision of the court of appeal
general legal council
rules of court
additional high court judge
applicant’s writ
error of law
majority decision
respect of such practice
statement of case
unanimous decision
above decision
adade jsc
appellant’s statement
case of an application
competence of the applicant
constitution of the republic of ghana
core issue
court’s jurisdiction
date-bah jsc
default of his solicitor
exercise of this jurisdiction
general public
lead opinion of the majority
matter of nana yeboah kodie asare
requirements of section
revered brother akamba jsc
review jurisdiction of the court
ruling of the high court
statement of defence
such solicitor
writ of summons

JUDGEMENT

SOPHIA A. B. AKUFFO (MS), JSC.

On 20th July 2016 this Court entered its Ruling in this matter, dismissing the application herein for Review. I indicated whilst agreeing with the Ruling I would subsequently file by opinion in the matter.

Background

The salient background of this matter is that, on 29th April, 2013, the plaintiff/appellant/respondent/applicant, hereinafter referred to as ‘the Applicant’, acting by his lawyer issued a writ of summons in the High Court, Accra, against the defendant/respondent/appellant/respondent, hereinafter referred to as ‘the Respondent’, for certain reliefs thereon endorsed. The Respondent duly entered appearance and filed his statement of defence and a counterclaim. Thereafter, the Respondent raised a preliminary objection challenging the competence of the Applicant’s action on the grounds, inter alia, that , in 2013, Justin Pwavra Teriwajah, the lawyer for the Applicant, did not have a valid solicitor’s licence, pursuant to the requirements of…

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