NORTHERN ENGINEERING CO., LTD. vs. DJOKOTOE

The plaintiff company, Northern Engineering Co., Ltd. (N.E.C.), sued the defendant, Mr. C. K. A. Djokotoe, for ¢5,306.80 allegedly paid out of the company’s funds to one Cletus K. Amoah without lawful authority. The action was commenced by specially endorsed writ and the plaintiff moved under Order 14 of the High Court Civil Procedure Rules, 1954 (L.N. 140A) for liberty to enter judgment. At the hearing, the defendant raised a preliminary objection to the right of Mr. A. A. Luguterah to appear as counsel for the plaintiff on the ground that he was both a practising lawyer and the acting managing director of the plaintiff company. This factual basis appears in the opening and middle portions of the judgment: “The plaintiffs... claim against the defendant, Mr. C. K. A. Djokotoe, the sum of ¢5,306.80...” and “He has pointed out that Mr. A. A. Luguterah is the acting managing director of the N.E.C... he, Mr. Luguterah, is a practising lawyer.”

JUDGMENT OF TAYLOR J. The plaintiffs, the Northern Engineering Co., Ltd. claim against the defendant, Mr. C. K. A. Djokotoe, the sum of ¢5,306.80 being the amount which the defendant is alleged to have caused to be paid to one Cletus K. Amoah from the plaintiffs’ funds without the lawful authority of the plaintiffs. The writ of summons was specially endorsed and so proceeding under the provisions of Order 14 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), the plaintiffs have moved the court for liberty to enter judgment against the defendant for the claim so endorsed on the said writ of summons. On the hearing of the application, counsel for the defendant has raised a preliminary objection to the locus standi of Mr. A. A. Luguterah, the counsel for the plaintiffs in these proceedings, to act as solicitor or counsel for the said plaintiffs (hereinafter referred to as N.E.C. where appropriate). He has pointed out that Mr. A. A. Luguterah is the acting managing ...