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March 23, 2023
HIGH COURT
GHANA
CORAM
The Court has once again heard arguments for and against a preliminary legal objection raised by Counsel for the Plaintiff/Respondent. The Court has also perused all the processes filed so far. In summary, the Court has given two previous rulings. The first one was on the 9th November 2022 where it dismissed the Defendant/Applicant’s application and ordered Counsel to file a notice of change of solicitors pursuant to the Legal Profession Act since the former solicitor, Thoephilus Donkor has withdrawn from the matter. As Counsel for Applicant keeps saying rightly, the 2nd Defendant after the withdrawal of the former solicitor stood unrepresented but that is why he was then ordered by the Court to step in, in accordance with law and either file a change of solicitor on his behalf or a notice of appointment as a solicitor on his behalf. In the second ruling of 7th February, 2023, after filing that notice of change, then Counsel would be capably in accordance with law represent the 2nd Defendant and so could then file a repeat application but of course must prove there are special circumstances for filing the repeat application or else appeal against the court’s decision. Counsel 2nd Defendant/Applicant did not comply with the orders of the Court. Counsel did not file change of solicitor but rather has repeated his application. NTHC v Boyefio is still good law that, when a statute prescribes a procedure or mode by which something should be done, that mode must be followed. Order 81 cannot cure this. The preliminary legal objection is upheld. Costs of GHC3,000.00 is awarded in favour of Plaintiff/Respondent against the 2nd Defendant/Applicant.
(SGD)
H/L JANE HARRIET AKWELEY QUAYE (MRS.)
(JUSTICE OF THE HIGH COURT)
R.A.
AI Generated Summary
Justice Jane Harriet Akweley Quaye of the High Court considered a preliminary legal objection in proceedings involving the 2nd Defendant/Applicant and the Plaintiff/Respondent. After the withdrawal of the 2nd Defendant’s former solicitor, Theophilus Donkor, the Court issued two prior rulings. On 9 November 2022, it dismissed the 2nd Defendant/Applicant’s application and directed counsel to file a notice of change of solicitors pursuant to the Legal Profession Act, because the 2nd Defendant then stood unrepresented. On 7 February 2023, the Court clarified that, upon filing the notice, counsel could represent the 2nd Defendant and re-apply only upon demonstrating special circumstances, or otherwise appeal. Counsel did not comply, instead repeating the application. Citing NTHC v Boyefio, the Court reiterated that prescribed statutory procedures must be followed and held that Order 81 could not cure the defect. The preliminary legal objection was upheld, and costs of GHC 3,000 were awarded in favour of the Plaintiff/Respondent against the 2nd Defendant/Applicant.