Korboe Vrs Amosa [2016] GHASC 13 (21 April 2016)

Korboe Vrs Amosa [2016] GHASC 13 (21 April 2016)

By majority, the Supreme Court held that a lawyer who has not taken out a valid annual solicitor’s licence cannot practice as a professional lawyer in any court of competent jurisdiction in Ghana or sign any legal documents, and any process filed by such a lawyer is invalid, null and void. The Court of Appeal judgment was set aside, and the writ of summons filed by the unlicensed lawyer was struck out.

Citation
[2016] GHASC 13
Parties
Plaintiff/appellant/respondent: Henry Nuertey Korboe; Defendant/respondent/appellant: Francis Amosa
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
21 April 2016
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed (by majority); Court of Appeal judgment set aside; processes filed by unlicensed lawyer struck out.
Legal Topics
Solicitor's Licence, Validity of Court Processes, Professional Conduct, Sanctions for Unlicensed Practice
Source Language
English
Legal Profession Civil Procedure Solicitor's Licence Validity of Court Processes Professional Conduct Sanctions for Unlicensed Practice

Case Brief

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Parties

Henry Nuertey Korboe

Plaintiff/appellant/respondent

Francis Amosa

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether failure of a solicitor to obtain a valid annual practising licence under section 8(1) of the Legal Profession Act, 1960 (Act 32) renders invalid all legal processes prepared and filed by such solicitor.
  2. 2 Whether the consequences of a solicitor's default should be visited on the client.

Ratio Decidendi

By majority, the Supreme Court held that a lawyer who has not taken out a valid annual solicitor’s licence cannot practice as a professional lawyer in any court of competent jurisdiction in Ghana or sign any legal documents, and any process filed by such a lawyer is invalid, null and void. The Court of Appeal judgment was set aside, and the writ of summons filed by the unlicensed lawyer was struck out.

Court Disposition

Appeal allowed (by majority); Court of Appeal judgment set aside; processes filed by unlicensed lawyer struck out.

Orders

  • The judgment of the Court of Appeal dated 15th May 2014 is set aside.
  • A lawyer who has not taken out a solicitor’s licence cannot practice or sign legal documents.