ERIC BAAH: The plaintiff filed a motion on notice for judgment in default of the defendants defence. Upon receipt of it, the defendants caused their lawyer, Ernest Owusu Aboagye to file a motion to dismiss the plaintiff's suit.
The said motion is so peculiar and irregular.
(a) The motion is a photocopy. The question is, where is the original? It is not proper for a lawyer to file a photocopy of a motion. If the original could not be found after it had been filed, the Registrar should have certified as true copy, the photocopy from the defendants counsel before it could be placed on the docket. In its present form, the court cannot deal with it.
(b) Since it is a photocopy, the signature on it is also a photocopy. The court cannot be sure that the signature / and the motion are an authentic copy.
Aside the above, counsel for the defendant is absent without any formal excuse. The 1st defendant says he asked him to ask for next Friday. It cannot be accepted that the defendants who have cause…