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YABA CECILE ANICETTE MIAN V. ROOTS HOTEL APARTMENTS OSU LIMITED

(2017) JELR 64783 (HC)

High Court  •  SUIT NO. IL/0151/16  •  6 Feb 2017  •  Ghana

Coram
HER LADYSHIP JUSTICE GIFTY DEKYEM (MRS)

Judgement

DEKYEM (MRS), J.

This ruling is in respect of motion on notice for judgment in default of defence. At the date of the motion, Defendant/Respondent had filed its defence albeit out of time and without leave of the court. It was argued on behalf of Plaintiff/Applicant that, the Respondent has no defence coupled with the fact that, Respondent filed its defence without leave of the court; for these reasons, it was urged on the court to grant the application. In opposition Respondent deposed that, it has a reasonable defence and attached copy of the statement of defence. Respondent also raised issue with Applicant’s Counsel’s non endorsement on the writ of summons with her practicing certificate number. I would like to deal with the practicing license issue first.

The issue here is, whether or not it is a requirement to endorse the writ of summons with the lawyer’s licence number as being suggested by Respondent’s Counsel in opposing the motion. What is requested on the writ of summons form,…

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