Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



SAMUEL ABAOGYE AND SAMUEL OWUSU BOATENG (THE DEVELOPER)
V.
FRANK OTCHERE BAIDOO

(2017) JELR 69758 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/53/2016 ·  16 Mar 2017 ·  Ghana
CORAM
AYEBI J.A. (PRESIDING), TORKORNOO (MRS) J. A., DOMAKYAAREH (MRS) J. A.

Ratio Decidendi

Core Terms Beta
writ
lawyer
court
mark
plaintiff
order
person
behalf of the plaintiff
honorable court
incorporated partnership
lack of a signature
rules of court
high court
indecipherable scribble
judicial authorities
learned judge
respect of the effect of an unsigned writ
trial court
unsigned writ
abuse of the process
accompanying statement of claim
anglogold ashanti
attention of the counsels
court of appeal rules
critical issue
decision of the supreme court
direction of the court
factual circumstances of a case
following grounds
high court koforidua
law dictionary
legal entity
name of a lawyer
obeng-manu jnr esq
official stamp of a law firm
partnership sign documents
plaintiff counsel’s argument
plaintiff’s lawyer
present case
provisions of the legal profession act
said mark
second leg of the reasoning of the learned judge
second reason
specific case
stamp of obeng manu law firm
stamp of the lawyer
supreme court
words lawyer
words obeng-manu law firm

JUDGMENT

TORKORNOO (MRS), J.A.

The Plaintiff/Respondent commenced this action by lawyer named as Obeng-Manu Jnr Esq. The Writ was not signed in manuscript but stamped with the words OBENG-MANU LAW FIRM, SARPOMAA CHAMBERS, P. O. BOX 6541, PLOT 2A, WEST NHYIAESO, AHODWO. These words were prefaced with the abbreviation ‘PP’. The Defendant/Appellant entered appearance by a lawyer, and also filed a defence and counterclaim. The Plaintiff later changed his counsel who filed an application for interlocutory injunction against the Defendant. Although the Defendant opposed the application, the court granted same. The Plaintiff filed his Reply and Defence to counterclaim and the Application for Directions, thus bringing pleadings to a close.

At the hearing of the Application for Directions, the Judge drew the attention of the counsels to the fact that the Writ was not signed by the lawyer named as having issued it. The counsel for Defendant then argued that an unsigned Writ was a nullity and there…

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