Nii Dzase Marmon v. A.C.P. (Rtd) Florence Arthur and Anor
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP, JUSTICE NICHOLAS M. C. ABODAKPI (J)
Areas of Law
- Civil Procedure
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Nicholas M. C. Abodakpi of the High Court considered a motion by the 1st Defendant challenging the competence of the suit due to non-compliance with the Legal Profession Act. After perusing the motion paper and supporting deposition, the court found exhibits FA and B corroborated the applicants averments. A letter from the General Legal Council established that lawyer Tawiah Yoyowah was not licensed at the relevant dates. The writ issued on 08-10-2018 bore no endorsement of a solicitors license. Applying Ex parte Teriwajah and similar authorities, the court held that proceedings commenced contrary to section 8(2) of Act 32 are a nullity. The action was accordingly declared void, and costs of GH15,000 were awarded to the 1st Defendant against the Plaintiff.
1. This court has heard 1st Defendant on her motion and has perused the motion paper and the deposition in support.
Exhibits “FA” and “B” annexed are apposite, andcorroborate the averments of the applicant.
And I find and hold that lawyer Tawiah Yoyowah isnot licensed to practice law at the relevant datesmentioned in the letter from the General legalcounsel.
Indeed, the writ taken on 08-10-2018 has no solicitors’ license endorsed on it.
This being the case Ex parte Teriwajah and anothersimilar cases are applicable.
This action commenced without compliance withsection 8(2) of Act 32, the legal Profession Act isa nullity and I declare it as such.
2. Cost of GH¢5, 000. 00 is awarded in favour of 1st Defendants applicant and against the Plaintiff. (SGD. )H/L NICHOLAS M. C. ABODAKPIJUSTICE OF THE HIGH COURT.