THE REPUBLIC vs. HIGH COURT (FAST TRACK DIV.) ACCRA EXPARTE: JUSTIN PWAVRA TERIWAJAH AND HENRY NUERTEY KORBOE

Reiss and Company Ghana Limited commenced a civil suit at the High Court Fast Track Division, Accra, claiming a liquidated sum of GH¢920,000.00 against Henry Nuertey Korboe and others. Henry Nuertey Korboe and Hekoma Ghana Limited engaged Justin Pwavra Teriwajah, a practicing lawyer, to represent them. Upon taking over, the first applicant detected irregular orders made prior to his engagement and filed a motion to vary or vacate these orders. The motion was opposed on the ground that the first applicant had not disclosed his 2013 Solicitor's Licence Number and had not obtained a practicing licence for 2013, contravening section 8 of the Legal Profession Act, 1960 (Act 32). The High Court dismissed the motion and held the first applicant incompetent to represent the second applicant due to breach of the Legal Profession Act and related regulations.

ANIN-YEBOAH, JSC: This application which seeks to invoke the supervisory jurisdiction of this court under Article 132 of the 1992 Constitution raises issues the determination of which will affect all legal practitioners in Ghana. To appreciate the basis of this ruling, the facts which appear not to be controverted are as follows: Reiss and Company (Ghana) Limited, a corporate body commenced an action at the High Court (Fast Track Division) Accra, intituled as: SUIT № AC 54/2009; REISS & COMPANY (GHANA) LIMITED v HENRY NORTEY KORBOE, (2) HEKOMA GHANA LIMITED, (3) SHELASH GHANA LIMITED and SHIRLEY KORBOE (NEE LAMPTEY). The claim was for a liquidated sum of GH¢920,000.00 and other ancillary reliefs not very necessary to recite in this delivery. Upon service of the writ and the accompanying statement of claim, HENRY NUERTEY KORBOE and HEKOMA GHANA LIMITED, engaged the first applicant herein (who was at the time material a practising lawyer) to represent them in the suit. In the aff...