HASIA MUSA VS DANIYAL ABDUL KARIM & ANOR
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE SARAH ARYEE (MRS.), J.
Areas of Law
- Civil Procedure
- Probate and Succession
- Legal Ethics
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
A widow claims her share in her deceased husband's estate and seeks to disqualify the deceased's former attorney from representing the estate's current administrators, citing conflicts of interest. The court finds no previous attorney-client relationship between the widow and the lawyer or his firm that would necessitate disqualification and denies her application.
This suit was commenced by the plaintiff who says she was the widow of the late Ridwan Musa who died testate in or about May, 2022. She is seeking the following reliefs.
i. A declaration that at the time of the deceased’s death plaintiff was his wife
ii. A declaration that prior to the death of the deceased, the marriage between the plaintiff and deceased was valid and subsisting
iii. An order directed at the defendants to pay to the plaintiff her 50% share of the deceased’s pension which was given to her under the Will of the deceased iv.
An order restraining the defendants, their assigns, agents and all other persons acting for and on the instructions of the defendants from distributing the estate of the deceased pending final determination of the instant suit v. Costs including legal fees vi.
Any other relief as the court may deem fit This application before the court is seeking an order to disqualify the 1st defendant and his law firm from representing the defendants in the suit.
The reasons have been set in an affidavit in support.
Among others, the plaintiff says that the respondents entered appearance to the action through their Counsel Akua Pokuaa Kwarteng of Legal Ink and that the 1st defendant was Lawyer for the Plaintiff/Applicant herein and her late husband and he was instrumental in several decisions they had taken.
The 1st defendant is a member of the Law Firm, Legal Ink and a key member of the firm’s Management Committee and the founder of the law firm and all other members of the firm are inclined to take instructions from him.
Counsel for the defendant had acted as Lawyer for the applicant and her late husband, they had represented the beneficiaries of the estate of the late husband and all the beneficiaries.
They prepared the Will and were present during the reading of the Will of the deceased The defendants as respondents, as is to be expected, are opposed to the application.
The 1st defendant deposes that he has renounced his position as an executor to the estate of the deceased and the Plaintiff/Applicant herein had no reason to join him to the suit as a defendant.
He said it is false that the 1st respondent or the law firm he practices from has provided legal advice of any kind or provided legal representation to the Plaintiff/Applicant herein.
He said the firm, Legal Ink had only prepared a Will for the deceased which does not create any Lawyer-client relationship between the Plaintiff/Applicant and the Lawyers in the 1s