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THE REPUBLIC V. HIGH COURT (FAST TRACK DIV.) ACCRA EXPARTE: JUSTIN PWAVRA TERIWAJAH AND HENRY NUERTEY KORBOE

(2013) JELR 68571 (SC)

Supreme Court  •  CIVIL APPEAL NO. J5/7/2013  •  11 Dec 2013  •  Ghana

Coram
G. T. WOOD (MRS) C J (PRESIDING), R. C. OWUSU (MS) JSC, ANIN YEBOAH JSC, P. BAFFOE-BONNIE JSC,J. B. AKAMBA JSC

Judgement

JUDGEMENT

ANIN-YEBOAH, JSC

This application which seeks to invoke the supervisory jurisdiction of this court under Article 132 of the 1992 Constitution raises issues the determination of which will affect all legal practitioners in Ghana. To appreciate the basis of this ruling, the facts which appear not to be controverted are as follows:

Reiss and Company (Ghana) Limited, a corporate body commenced an action at the High Court (Fast Track Division) Accra, intituled as: SUIT No AC 54/2009; REISS and COMPANY (GHANA) LIMITED v. HENRY NORTEY KORBOE, (2) HEKOMA GHANA LIMITED, (3) SHELASH GHANA LIMITED and SHIRLEY KORBOE (NEE LAMPTEY). The claim was for a liquidated sum of GH¢920,000.00 and other ancillary reliefs not very necessary to recite in this delivery. Upon service of the writ and the accompanying statement of claim, HENRY NUERTEY KORBOE and HEKOMA GHANA LIMITED, engaged the first applicant herein (who was at the time material a practising lawyer) to represent them in the suit. In the …

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