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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

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.

RULING