In our considered opinion, in addition to introducing the proper legal and/or evidentiary basis, the time to have raised an objection to the issuance of the Writ and Statement of Claim filed by counsel for the Respondent who did not have a valid practicing licence was during the trial in the High Court. A party should not fold his or her arms, go to sleep or look on when an objectionable issue arises in the Court of first instance and hope to use the right to raise the objection as a fall-back to challenge future proceedings.
NII AFLAH VRS BENJAMIN KWAKU BOATENG CIVIL APPEAL NO. J4/80/2022 [2023] SLR (SC) 1 · Supreme Court · 2023 · KULENDI JSC
Read it in the judgment