RICHARD KOBINA BADJONA AND EMMANUEL ADZRAGO A.A.A BRUCE vs. ABDUL RAHMAN SALIFU

The Defendant/Applicant (hereinafter, the “Applicant”) seeks an order of this Court to set aside the writ of summons issued by the Plaintiffs/Respondents (hereafter referred to as “Respondents”) on September 5, 2019 as per the grounds deposed to in the accompanying affidavit, which in the main, is to the effect that the writ of summons having been issued by Ahiator Law Consultancy, which is not a lawyer and therefore lacked capacity to institute the instant action on behalf of the Respondents, same is not maintainable in law and the defect cannot be cured. The application is opposed by the Respondents per the affidavit in opposition deposed to by one Isaac Tamakloe, who says he is the office manager of the law firm, Ahiator Law Consultancy. The gravamen of this opposition is that if the writ of summons is construed as a whole, the conclusion that is arrived at is that the licence number and the two signatures on the writ are those of the Plaintiff’s solicitor and not that o...