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HENRY NUERTEY KORBOE
V.
FRANCIS AMOSA

(2016) JELR 65529 (SC)

Supreme Court 20 Jul 2016 Ghana
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- The applicant filed a writ of summons in the High Court against the respondent, but the writ was struck out because the lawyer representing the applicant did not have a valid solicitor's license. - The Court of Appeal reversed the ruling

Case Details

Suit Number:CIVIL APPEAL NO. J7/8/2016
Judges:ATUGUBA JSC (PRESIDING), AKUFFO (MS) JSC, ANSAH JSC, DOTSE JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE JSC, AKOTO-BAMFO (MRS) JSC, AKAMBA JSC, APPAU JSC
Counsel:NANCY D. AMPOFO (MS) ESQ. FOR THE DEFENDANT /RESPONDENT/ APPELLANT/RESPONDENT; OSAFO BUABENG ESQ. FOR THE PLAINTIFF/APPELLANT/RESPONDENT /APPLICANT.

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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