[2017]DLHC4161 • July 27, 2017 • High Court
OHEMAA AKOSUA FOWAAH SARFO vs. ENERGY BANK GHANA LIMITED AND ANOR
The plaintiff/respondent initiated legal proceedings against the 2nd defendant/applicant, Energy Bank Ghana Limited, leading to the issuance of a writ of summons. The 2nd defendant filed a motion to set aside the writ and entered a conditional appearance through its Legal Department. The plaintiff raised a preliminary legal objection challenging the validity of the conditional appearance and the competence of the counsel representing the 2nd defendant, alleging lack of proper solicitor's license endorsement and irregular invocation of court jurisdiction.
read moreA preliminary legal objection has been taken in the instant application by counsel for the plaintiff/respondent on the basis that at the time counsel for the 2nd defendant/applicant filed the motion to set aside the writ of summons issued against the 2nd defendant the jurisdiction of the court had not been properly invoked, as the conditional appearance entered on behalf of the applicant was irregular. Counsel also submitted that at the time the application was filed counsel for the applicant had no valid solicitor’s license to practice law. When counsel for the 2nd defendant/applicant responded to the legal objection he stated that it was wrong for plaintiff/respondent counsel to raise the allege breaches of the rules of court specifically Order 9 rule 1 and Order 4 r 1(2) of the High Court (Civil Procedure) Rules, 2004 (CI 47) by way of a preliminary legal objection and that counsel ought to have come by way of motion to give applicant the opportunity to respond appropriately. He .....