MARANATHA CO-OPERATIVE CREDIT UNION vs. HEAD OF FAMILY THE HEADS OF FAMILY

The 2nd Defendant/Applicant moved a motion no notice for an order to dismiss the suit as incompetent since at the time the writ was issued counsel for Plaintiff did not have a current solicitor’s license. Counsel for Plaintiff/Respondent opposed the application and contended that the procedure applied by the 2nd Defendant in bringing the instant application is not sanctioned by any rule of law or procedure. That he entered a conditional appearance before seeking to move the court with this application. According to Counsel for Plaintiff/Respondent, Applicant ought not to have entered conditional appearance in the first place before bringing the application. The proper procedure according to him was to have entered an unconditional appearance before applying to bring the instant application. The application raises two issues. First is whether or not the writ is a nullity because the lawyer who issued it did not have a current solicitor’s license at the time he issued same, ...