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JUDGEMENT
JUDGEMENT
SAEED K. GYAN, JA
I have had the privilege of reading before hand the judgment of my worthy brother Suurbaareh, JA and I entirely agree with his conclusion that this interlocutory appeal should be disallowed or otherwise that it ought not to be granted. I would however like to discuss aspect of this case bordering on procedure which I believe bears considering in relation to the competence of the step taken by the Defendants/Applicants/Appellants herein to ensure an early or precipitous ending of the case brought against them by the Plaintiff/Respondent/Respondent herein without determining the case on the merits through a plenary trial.
It has always been a fundamental principle of the law that unless in the clearest cases, a party should not be debarred from the judgment seat before they have been heard as required by law.
It is equally a principle of considerable eminence that where a stature sets out preconditions which are mandatory in order to access a relief “ a person entitled to take a step under the statute would not have any authority to do so” unless he follows the procedures enjoined under the statute. See JONAH VRS. KULENDI & KULENDI [2013-2014] 1 SC GLR 272.
Anin Yeboah JSC has stated that “the courts have shown remarkable consistency” in upholding the principle that mandatory preconditions in statutes ought to be complied with before steps could be validly taken.
His Lordship Mr. Anin Yeboah strongly emphasized this matter in the now celebrated case of HENRY NUERTEY KOBOE VRS. FRANCIS AMOSA; CIVIL APPEAL No. 34/56/2014 dated 21/04/2016 (unreported) where the Supreme Court of Ghana, by a majority decision declared that a court process prepared and filed by a Lawyer without the requisite Solicitors License was invalid and void and ought not to be countenanced by the court despite the far-reaching or eventual consequences that could have on the so called innocent litigant, who is the client of the erring Lawyer.
See also; AFRANIE II VRS. QUARCOO & OR. [1992] 2 GLR 561, SC; REPUBLIC VRS. DISTRICT MAGISTARTE, ACCRA; EX PARTE ADIO [1972] 2 GLR 125.
To my mind the question which irresistibly confronts us in the instant case is whether the procedure adopted by the Defendants to ensure a truncation of the case or otherwise to achieve an early dismissal of the case against them was correct, valid or competent.
It may be useful to set out the background of this case.
The Plaintiff/Respondent/Respondent herein [hereafter refe