Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



SOLKROCK LIMITED
V.
ANGLOGOLD ASHANTI (GH) LTD. GOLD HOUSE KAWOKUDI – ACCRA

(2017) JELR 69608 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/50/2016 ·  16 Feb 2017 ·  Ghana
CORAM
AYEBI J.A. (PRESIDING), TORKORNOO (MRS) J. A., DOMAKYAAREH (MRS) J. A.

Ratio Decidendi

Core Terms Beta
lawyer
partnership
lawyers
law
person
motion paper
roll of lawyers
conditional appearance
firm
respondent
counsel
names
preliminary objection
name of the firm
legal profession act
rules
decision of sir dennis adjei ja
licence number of the partnership bentsi-enchill
license number
record of appeal
respondent’s entry
substantial justice
appellant’s preliminary legal objection
association of lawyers
body corporate
business entity
current appeal
definition of a partner
express provision of order
file appearance
firm bentsi enchill letsa
high court
honorable trial court
identified course of study
individual lawyers
jurisdiction of the court
learned trial judge
legal power
licence number of the partnership
name of a firm
name of the lawyers
preliminary application
rule of thumb
said section
very existence of the appeal
voluntary association

TORKORNOO (MRS), J.A.

The Plaintiff/Appellant in this suit commenced an action against the Defendant/Respondent. The Defendant/Respondent entered conditional appearance ‘through its lawyers’. ‘Counsel’ for Defendant then filed an application to set aside the writ on the ground that it was indorsed with a postal address, instead of a business address. In the affidavit in opposition to this application, the Managing Director of the Plaintiff company gave notice that he had been advised that the ‘purported application is incompetent and cannot properly invoke the jurisdiction of the court since it has no foundation to stand on’. He gave notice that his counsel would seek leave to raise a preliminary objection for the application to be dismissed.

This preliminary application was raised at the hearing of the application to set aside the writ. The objection which can be found on page 13 of the Record of Appeal is that the ‘person’ who entered conditional appearance for the Respondent is not a…

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