ENOCK AWASABI GBERTEY vs. E.A. ACCAM ESQUIRE & ANOR.

The Defendant, a legal practitioner, sued the Plaintiff for legal fees and obtained judgment in 2005. Execution was initiated by seizure and auction of the Plaintiff's vehicle. The Plaintiff filed a notice of appeal after the vehicle was seized and later applied for stay of execution, which was granted on condition of depositing GH¢10,000. The Plaintiff failed to comply and the vehicle was auctioned. The Court of Appeal later set aside the original judgment as a nullity due to non-compliance with section 30 of the Legal Profession Act, which requires serving a bill of fees before commencing suit. The Plaintiff then sued for recovery of the vehicle or its value. The Defendant sought dismissal on grounds of disobedience and abuse of court process. The High Court dismissed the Plaintiff's suit, but the Court of Appeal reversed that decision, holding the original judgment and all processes founded on it null and void ab initio.

ADINYIRA (MRS.) JSC: The facts resulting in the present appeal are that the Defendant/respondent/appellant, (hereinafter Defendant) a legal practitioner, sued the Plaintiff/appellant/respondent, (hereinafter Plaintiff) in an earlier suit No. C48/2003 at the Koforidua High Court for his legal fees. He obtained judgment on 27th July 2005 in the sum of GH¢ 15,267.892. The Defendant had a writ of Fifa issued on 10th December 2005 and the Deputy Sheriff, High Court, Koforidua seized the Plaintiff’s Toyota saloon car no. GW 757-T, on 8th December2005, and handed it over to an auctioneer. On 10th December 2005, i.e two days after his vehicle had been seized in execution of the judgment debt, the Plaintiff filed a notice of appeal. On 3rd February 2006, the Plaintiff applied for stay of execution at the High Court which was granted on terms on 17th March 2006 by Bentil J. The Plaintiff was ordered to deposit GH¢10, 000 in the court registry and then collect his vehicle. He failed to me...