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J. OPOKU BOATENG & C V. RAOUL ABOU CHEDID, GOLD COAST SECURITIES LTD AND K. AMPONSAH DADZIE

(2016) JELR 68026 (HC)

High Court  •  SUIT NO.CM/OCC/0734/2016  •  21 Nov 2016  •  Ghana

Coram
HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT

Judgement

BAFFOUR, J.

The court has been called upon in this application to make a determination as to whether a lawyer who initiate an action for the recovery of his legal fees from his former client can do so by the issuance of a writ of summons or must come strictly be an application in the form of a motion.

And two whether when a lawyer who sues more than one defendant in his claim for recovery of his fees, such an action makes it multiple causes of action or different causes of action and renders the action incurable bad without the leave of the court having been first obtained.

1st Defendant/Applicant has moved the court to strike out or dismiss the writ filed by the plaintiff/respondent. In an affidavit that accompanied the application and deposed to by the 3rd Defendant, he claims that the writ of the plaintiff is incompetent, unfounded in law and constituted an abuse of the judicial process.

Moving the application, 3rd defendant who is also a legal practitioner relied on section 41 of the …

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