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

(2017) JELR 69758 (CA)

Court of Appeal 16 Mar 2017 Ghana
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- The Plaintiff commenced the action by a lawyer named Obeng-Manu Jnr Esq. - The Writ was stamped with the words "OBENG-MANU LAW FIRM" but not signed in manuscript. - The Defendant entered appearance and filed a defence and counterclaim. -

Case Details

Suit Number:CIVIL APPEAL NO: H1/53/2016
Judges:AYEBI J.A. (PRESIDING), TORKORNOO (MRS) J. A., DOMAKYAAREH (MRS) J. A.
Counsel:COUNSEL FOR DEFENDANTS/APPELLANTS: KWAME ANTWI ,COUNSEL FOR PLAINTIFF/RESPONDENT: DORCAS OTTI

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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