AMARKAI AMARTEIFIO v. ANANG SOWAH

Justice Pwamang, JSC, delivered the Supreme Court’s decision in a long‑running dispute between a lawyer and a businessman arising from a 1997 Accra High Court action for refund of £15,000 “money had and received” and £20,000 in professional fees. The High Court granted default judgments, execution culminated in an auction and payment of proceeds to the plaintiff, and later the defendant’s application to set aside part of the judgment (the fees) was dismissed. On appeal, the Court of Appeal set aside the entire default judgment, citing an expired writ and breach of section 30 of the Legal Profession Act. On further appeal, the Supreme Court held that the refusal to set aside a default judgment is a final order, so the appeal below was timely; that the High Court’s direction to re‑serve processes did not invalidate prior effective service, thus the writ was not void; and that the claim for professional fees was incompetent for non‑compliance with section 30. The Court ordered a pro‑rata refund of GHC 88,000 with interest and declined to disturb the prior auction sale. Justice Gbadegbe, JSC, concurred with procedural observations on motions in a cause.