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