[2016]DLCA4724 • July 27, 2016 • Court of Appeal
ERNESTINA BOATENG vs. PHYLLIS SERWAH, BOAMPONG NYAMEKYE AND MARK ADU PREMPEH JNR
The plaintiff obtained judgment from the High Court Human Rights Division against the defendants. The defendants appealed to the Court of Appeal, which ruled in their favor. The plaintiff then filed a notice of appeal to the Supreme Court, signed only by the firm Oseawuo Chambers without naming an individual solicitor or providing a license number. The defendants filed a motion to strike out the appeal for incompetence due to this defect.
read moreAGYEMANG JA: On the 30th of July 2012, the High Court Human Rights Division entered judgment for the plaintiff/respondent/applicant (hereafter referred to as the plaintiff) in a suit brought against the defendants/appellants/respondents (hereafter referred to as the defendants). The latter brought an appeal against the said decision before this court. On the 4th of February 2016, this court delivered judgment in favour of the defendants. The plaintiff, aggrieved by the said judgment filed a notice of appeal per solicitor. On the face of the notice of appeal, the firm name Oseawuo Chambers appears under a signature. The name of the solicitor does not appear, nor is his/her licence number indicated. The defendants per solicitor filed a notice of motion on the 11th of May 2016, praying for an order striking out the appeal for non-disclosure of the name and number of the appellant. It was the contention of the defendants as applicants that the notice of appeal signed by a firm of solicit...