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GEORGE & DBES ENGINEERING LTD v. TORBUI HUTEHU

2019

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP, ERIC KYEI BAFFOUR, ESQ., JUSTICE OF THE HIGH COURT

Areas of Law

  • Civil Procedure
  • Legal Profession

AI Generated Summary

This case involves a ruling on an application by the Defendants/Applicants challenging the validity of a writ issued by the Plaintiff. The main issues were whether the writ was invalid due to the signature appearing above the law firm's name instead of an individual lawyer's name, and whether the Plaintiff had the capacity to initiate the action. The court ruled that the writ was valid, looking beyond the technicality of the signature's position and finding sufficient evidence that it was issued by a lawyer with a valid solicitor's license. Regarding the Plaintiff's capacity, the court deemed this objection premature at the conditional appearance stage, stating that such matters requiring evidence should be raised at the application for directions stage. The court emphasized the limited scope of conditional appearance and the importance of following proper procedural steps in raising objections. The application was ultimately declined, with no order as to costs.

RULING