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VERY REV. (RTD) A.K. MENSAH
V.
SUSSANA EDITH FERGUSON MENSAH & ANOR

(2018) JELR 64170 (HC)

High Court 21 Jun 2018 Ghana
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- Nana Kwasi Boatey Esq. was supposed to conduct the cross-examination of Mrs. Sussana Edith Ferguson Mensah. - Nana Kwasi Boatey Esq. filed a "Notice of Withdrawal of Representation" on 20/06/2018. - E.N. Poku, Esq., the opposing counsel,

Case Details

Suit Number:SUIT NO.TOCC/2/16 AND TOCC/3/16
Judges:ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Counsel:E.N. POKU FOR PLAINTIFFS; NANA KWASI BOATEY FOR DEFENDANTS.

RULING

MENSAH-HOMIAH (MRS.) J.

The business for the day is for Mrs Sussana Edith Ferguson Mensah to be cross-examined. However, Nana Kwasi Boatey Esq. who was to conduct the cross-examination has filed a “NOTICE OF WITHDRAWAL OF REPRESENTATION”, it is dated 20/06/2018.

E.N. Poku, Esq., counsel on the other side, has taken a serious objection to the said notice. His argument is that on the basis of order 75 rules 1, 2, 3 and 6 of C.I. 47, only parties to the suit can change their lawyer at any time. However, if counsel decides nor to act for a party, then under rule 6, he has to apply to the court. In his view, merely filing a notice of withdrawal of representation” does not meet the requirements of the law.

In response to the submissions made by E. N. Poku, Esq, Nana Kwasi Boatey, Esq referred the court to the case of Oppong v. Attorney general (2000) SCGLR 275 wherein the Supreme Court stated that courts of this country are guided by three yard sticks in dispensing justice: Statutes Case…

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