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TORBUI HUTEHU
V.
GEORGE AND DBES ENGINEERING LTD

(2019) JELR 64417 (HC)

High Court 15 Jul 2019 Ghana
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- Court upheld that, per s.43 of the Legal Profession Act, only a lawyer (not a law firm) may endorse a writ, but minor deviations in the positioning of signature and name do not render the writ incurably bad where authorship by a qualified

Case Details

Suit Number:SUIT NO: GJ 304/19
Judges:HIS LORDSHIP ERIC KYEI BAFFOUR ESQ JUSTICE OF THE HIGH COURT

It is stated under section 43 of the Legal Profession Act, Act 32 that:

“Every person who draws or prepares any legal document for reward shall endorse or cause to be endorsed thereon his name and address...”

This application mounted by the Defendants/Applicants is anchored on the above statutory provision wherein learned counsel contend that the writ initiated and served on the Applicants is incurably bad as far as the signature on the writ appears above the law firm, Savers Chambers, who issued the writ. That the substantive statutory requirement of the law does not permit a writ or a legal process to be issued by a law firm but rather by a lawyer who has been called to the Ghana bar and whose name appear on the roll of lawyers. Though counsel for the Applicants concede that the name of one Korbla Hlortsi-Akakpo appears on the writ as lawyer for the Plaintiff but it does not appear that the place where the signature is and therefore the writ ought to be dismissed in limini.

The second …

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