MERCHANT BANK GH LTD
V.
LIVING ZOE LIMITED

(2016) JELR 107622 (HC)    
High Court  ·  SUIT NO. BFS/250/09 ·  29 Nov 2016 ·  Ghana
CORAM
JUSTICE GIFTY DEKYEM

JUDGMENT  

By Further Written Address filed on behalf of Defendants, Learned Counsel  argued the validity of the instant writ of summons as a preliminary legal objection  to the maintainability of the suit. This issue needs to be determined in the  preliminary. Counsel argued that, the writ having been issued in the name of a  firm renders it void. It is the case of Defendants also that, the writ sins against the  requirement of law to endorse same with chambers registration. Order 4 rule 1 of the High Court (Civil Procedure) Rules 2004 (CI 47) provides that, any person may  begin and carry on proceedings in person or by a lawyer. This means no other  person can commence and carry on proceedings at the court except the plaintiff himself or herself of by a lawyer. It is therefore imperative that, the identity of  whoever begins and carries on proceedings is identified in the writ of summons  and statement of claim. The relevant information on the instant writ of summons  is as follows:…

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