ACCRA GREAT OLIMPICS FOOTBALL CLUB VS GHANA FOOTBALL ASSOCIATION (GFA)
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE NICHOLAS M. C. ABODAKPI
Areas of Law
- Civil Procedure
- Legal Ethics
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves a motion by the Defendant/Applicant's counsel to withdraw representation. The counsel cited expired authority, lack of instruction from the G.F.A. normalization committee, and unpaid fees as reasons for withdrawal. The opposing counsel objected, citing C.I. 47 ORDER 75 Rule 6(1), which requires the lawyer on record to file the motion to withdraw. There was also confusion about which lawyer was withdrawing representation. The Court ruled that the objection was not fatal to the application and granted leave to withdraw representation. The Court emphasized the fundamental nature of the issues raised, particularly the need for authorization and instruction to act as per C.I. 47 ORDER 1 RULE 4. The case was adjourned sine die.
The Court heard counsel for Defendant/Applicant on his motion to withdraw representation for Defendant, as stated in the motion paper and the affidavit in support.
He stated Counsel is authority has expired and the G. F. A. normalization committee has not instructed Counsel to represent G. F. A. Secondly, he stated filing fees and fees for work done has not been paid, hence the application.
REPLY: LEGAL SUBMISSION
She submitted C. I. 47 provides in ORDER 75 Rule 6(1) that it is lawyer on record that must file the motion to withdraw representation.
Abu Juan is the person who did the deposition.
Presently, it is not clear whether it is Thaddaeus Sorry or Abu Juan or which lawyer is withdrawing the representation it is not clearly stated.
In answer, Counsel for Applicant states that Thaddaeus Sorry is a member of the FIRM of lawyers.
BY COURT: RULING
1. The objection raised is not fatal to the application, or the request to withdraw representation.
The issues raised necessitating the application to withdraw are really fundamental.
Whether it be the law FIRM or a particular lawyer, there must be authorization and instruction to act, least, the lawyer or the firm will be in breach of ORDER 1 RULE 4 of C. I. 47, the application is granted.
Leave to withdraw representation is granted.
2. Case is adjourned sine die.
(SGD. ) H/L NICHOLAS M. C. ABODAKPI JUSTICE OF THE HIGH COURT‘MCG’.