[2019]DLHC7545July 31, 2019High Court

GHARTEY& GHARTEY vs. ALUMINIUM ENTERPRISE LTD

On the 24/10/17 the plaintiff herein caused a writ to be issued for the recovery of i. The sum of GHC2,992,701.00 being outstanding professional fees at a discounted rate of 20% owed by the defendants ii. Interest at the prevailing commercial interest rate calculable from 3rd November 2015 to the date of final payment iii. Costs inclusive of professional fees An amended writ of summons and amended statement of claim was issued on the 11/1/18, pursuant to court order dated 21/11/17. The reliefs remained unchanged however plaintiff changed its lawyer this time. On the 12/6/19 the defendant applicant herein filed the present motion for an order to set aside the writ of summons and statement of claim for lack of capacity and cause of action. In an affidavit in support, the defendant applicant deposed that in or about 2005 it engaged the services of Mrs. Efua Ghartey to put up a claim against Ecobank Ghana Ltd and she accordingly instituted suit No. BFS/166/06. The applicant goes o...