ANITA ASARE v. THE LIAISON OFFICER ASANTEHENE’S LAND SECRETARIAT

RULING

This ruling has become necessary as a result of an objection raised by Counsel for the defendant against the competency of the application for joinder filed on 25-11-2016. Counsel objection was based on the following ground:

That the writ bears the stamp Poku and Associates, Box 4757, Kumasi but there is no name as to the person who issued the writ. However, the motion for joinder has been signed by E.N Poku and the name of the firm that issued the motion is Poku Nyamaah and Associates.

Counsel therefore submits that, Poku and Associates is different from Poku Nyamaah and Associates.

Therefore, the motion for joinder should be dismissed.

In response, Counsel for the plaintiff argued that, although the name of the Lawyer is necessary in signing documents, but in certain cases, it is not mandatory. Counsel submitted that, even in cases of a Lawyer filing appearance, it is only the signature and the license number of the Lawyer that, the rules provides for and not even the name.

Counsel refers the Court to form 5A at page 280 of C.I 47 which sets out the format for entering appearance.

He therefore contended that, the procedure the plaintiff adopted in the issuance of the writ was not wrong.

He again submitted that, in all cases, the issue is that at the time the person issued the writ, he must have a licence and must be a Lawyer. He further argued that, the name of the firm has been changed from Poku and Associates to Poku Nyamaah and Associates and they have been given licence to that effect. So the objection should be dismissed.

With leave of the Court, Counsel for the defendant on point of law referred the Court to Order 82 as to the definition of a lawyer and Section 43(1) of the Legal Profession Act 1960 (Act 32) and submitted that, therefore the objection should be sustained.

Having summarized the submissions from both Counsel, I have to rule in one way or the other.

Section 8(1) of Act 32 provides as follows:

“A person other than the Attorney General or an Officer of Attorney General’s Department, shall not practice as a Solicitor unless that person has in respect of that practice a valid annual Solicitors License issued by the council duly stamped and in the form set out in the second schedule.

This provision is to the effect that, one cannot sign documents or represent a party as a lawyer unless he has obtained a valid Solicitors License for that purpose. The only exception is where the document is been issued by the Attorney Gen