ESSON vs. OPPONG AND ANOTHER

JUDGMENT OF KPEGAH J. I deem it necessary to decorate this ruling of mine with a pertinent statement of Holt C.J. in an anonymous case reported in Salkeld Reports (Anon I SALK 86). His lordship said: “The course of this Court is, where an attorney takes upon himself to appear, the Court looks no further, but proceeds as if the attorney has sufficient authority.” On 23 July 1987 the plaintiff issued a writ of summons against the two defendants claiming general and special damages suffered as a result of the negligent driving of the first defendant who is the insured of the second defendant — an insurance company. The writ was accompanied with a statement of claim. Both documents were served on the second defendant. There is however a certificate of non-service in respect of the first defendant. On 13 August 1987 however, Mr. Emile Francis Short entered appearance for both defendants. In the memorandum of appearance accompanying the entry of appearance, it was specifically state...