THE REPUBLIC vs. C/SUPT. ADAMU SEIDU JUSTICE ANNAN EXPARTE: NDK FINANCIAL SERVICES LIMITED [2020]DLHC10456

THE REPUBLIC vs. C/SUPT. ADAMU SEIDU JUSTICE ANNAN EXPARTE: NDK FINANCIAL SERVI... [2020]DLHC10456

Date	2020-06-01
Suit No.	SUIT NO CR 289/2019
Citation No.	[2020]DLHC10456

HER LADYSHIP JUSTICE ELLEN VIVIAN AMOAH

[2020]DLHC10456
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>C/SUPT. ADAMU SEIDU<o:p></o:p>(RESPONDENTS)<o:p></o:p>JUSTICE ANNAN<o:p></o:p>EXPARTE: NDK FINANCIAL SERVICES LIMITED<o:p></o:p>(APPLICANT)<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>CORAM:<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

HER LADYSHIP JUSTICE ELLEN VIVIAN AMOAH<o:p></o:p>

</div>RULING ON PRELIMINARY LEGAL
OBJECTION<o:p></o:p>&nbsp;INTRODUCTION<o:p></o:p>The 1st
Respondent in the above mentioned suit has raised a preliminary legal objection
pursuant to a motion for committal for contempt filed by the Applicant sometime
on or about 15th February, 2019.<o:p></o:p>By the said application for
committal for contempt, the Applicant herein is seeking the Order of this
Honourable Court to commit the Respondents to prison for Contempt of Court.<o:p></o:p>The 1st
Respondent filed an affidavit in opposition on 28th June, 2019 and
at paragraph 4 of the said affidavit the 1st Respondent stated as
follows:<o:p></o:p>“That at the hearing of the application,
my counsel may seek leave of this Honourable Court to raise a preliminary legal
objection to the application as same is incompetent”<o:p></o:p>According to counsel the
said application filed on 15th February, 2019 indicates that same
was filed by A.K. BANNERMAN-WILLIAMS
&amp; CO, SACKODAR CHAMBERS, ACCRA. Counsel further states that the name of
the lawyer wSAho issued the said process was omitted but however there is a
licence number (GAR 21323/19) of the said lawyer. According to Counsel for the
applicant/respondent raising the preliminary legal objection&nbsp; the said licence number cannot be verified
and authenticated without a name.<o:p></o:p>Counsel therefore submits
that the said application is a nullity ought to be struck out as incompetent.<o:p></o:p>It is based on the said
depositions that this Honourable Court ordered parties to file their written
submissions. <o:p></o:p>SUBMISSIONS
BY COUNSEL FOR THE 1ST RESPONDENT<o:p></o:p>In his submission before
this Honourable Court, Counsel for the 1st Respondent submits that a
process filed to invoke the jurisdiction of the High Court must be properly
indorsed in order to make the said process valid and effective.<o:p></o:p>According to Counsel for the
1st Respondent such an incurable defect on the said process which
invokes the jurisdiction of the Court negates the foundation of such action and
same fails to invoke the jurisdiction of the Court.<o:p></o:p>Counsel further submits that
since all originating processes such as the one the Applicant in the
substantive contempt application filed invokes the jurisdiction of the Court
same must be indorsed properly for same to be valid.<o:p></o:p>ISSUE<o:p></o:p>The issue before this
Honourable Court is whether or not the failure of a lawyer to state his name on
the Motion for Committal for contempt is a nullity.<o:p></o:p>ANALYSIS
OF FACTS/LAW<o:p></o:p>&nbsp;It is the position of the law that the failure
of a lawyer to state his name on a Motion paper does not amount to a nullity.<o:p></o:p>The said originating motion in
question has the licence of the said lawyer who issued it stated on same.<o:p></o:p>Considering the High Court
(Civil Procedure) Rules 2004 (CI 47) it is provided for in Order 2 rule 5 (1)
(b) of CI 47 as follows<o:p></o:p>“ where the Plaintiff sues by a lawyer,
the Plaintiff shall, in addition to the residential and occupational address of
the parties, provide at the back of the writ the lawyer’s firm name and
business address in Ghana and also, if the lawyer is the agent of another, the
firm name and business address of his principal.”<o:p></o:p>In his book A PRACTICAL GUIDE TO CIVIL PROCEDURE IN
GHANA, Justice Marful Sau states at page 24 of the said book as follows:<o:p></o:p>“if a Plaintiff is acting through a
lawyer, the name and business address of the lawyer shall be endorsed on the
Writ. In fact the writ must be signed by the lawyer, if the Plaintiff is acting
by a lawyer. In addition the lawyer must indicate his or her Solicitor’s
licence number.”&nbsp; <o:p></o:p>In the instant matter the
Applicant’s lawyer in his motion and affidavit in support filed on 15th
February, 2019 &nbsp;appended his signature on
the said process. In addition to signing the said motion the lawyer provided
his current solicitor’s number whi</main>