EDIL TECHNO CONST. LTD vs. KLAFGO 6 LTD

JUDGMENT 1 This is an application for review of the court’s ruling, delivered on 16 July 2018. The application was brought pursuant to Order 42 of the High Court (Civil Procedure) Rules, 2005 (C.I. 47). The applicant is the plaintiff in this suit, who on 18 December 2017 secured final judgment in this court after full trial. Defendant, the respondent herein on 9 March 2018 not only filed appeal against the judgement of the court but also applied to this court to stay execution of the judgment pending determination of the appeal. 2 The court in its ruling on 16 July 2018 not only stayed execution of the final judgment, it also pursuant to its inherent jurisdiction struck out the writ of summons. Describing the ruling as a hard one, the court found that the writ was issued by a non-lawyer contrary to statute, an Act of Parliament – the Legal Profession Act, 1960 (Act 32). The court held that the writ of summons as a nullity including all processes and proceedings founded on th...