JOSEPHINE AKITA v. MRS. SALMA FRANCES MANCELL-EGALA & OTHERS
May 13, 2010
COURT OF APPEAL
GHANA
CORAM
- ASARE KORANG, J.A. (PRESIDING)
- KUSI-APPIAH, J.A.
- AYEBI, J.A
Areas of Law
- Civil Procedure
- Evidence Law
May 13, 2010
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Before a panel of the Court of Appeal, the applicant sought to disqualify lawyer Kizito Beyuo from representing Josephine Akita (also known as Josephine Asiefu) in an Accra Human Rights Division suit aiming to rescind the sale of Mancell Girls Vocational Institute, Kumasi. The background includes a Tema High Court action filed on April 29, 2008, by Akita and five others for injunctive and payment-related reliefs concerning sale proceeds; the plaintiffs were represented initially by R.S. Blay, and Beyuo later joined. Through Beyuo, Akita attempted to amend the claim to challenge the sale’s authorization; the High Court refused and the plaintiffs discontinued. On December 18, 2008, Akita commenced a fresh Accra suit against the present applicant and the Attorney-General. The applicant’s position is that Beyuo’s prior role created conflicting interests and risks regarding confidential communications; the respondent contends Section 5(10) L.I. 613 is about counsel’s personal interests and that solicitor–client privilege can be asserted only by the clients themselves.
JUDGMENT
KUSI-APPIAH, J.A.:
This is an application by the applicant herein seeking an order to disqualify Kizito Beyuo Esquire, as counsel for the plaintiff/appellant herein under Section 5 (10) of Legal Profession (Professional Conduct and Etiquette) Rules, 1969 L.I. 613.
The brief facts of the case as can be gathered from the processes/ pleadings are as follows:
On or about 29 April 2008, the plaintiff/appellant in this case with others numbering six, commenced an action against numbering six, commenced an action against the applicant and the other defendants in Tema High Court for the following reliefs:
“(i) An order for perpetual injunction restraining the 1st and 2nd defendants, their agents, servants, assigns, etc. from in any way whatsoever preventing the issuance of five (5) separate and individual cheques to plaintiffs and 1st defendant.
(ii) An order compelling the 2nd defendant to issue five (5) separate and equal cheques to the plaintiffs and the 1st defendant instead of issuing a single cheque to only the 1st defendant.
(iii) Damages and costs.”
In the Tema Suit, the six plaintiffs (including one Josephine Asiefu also known as Josephine Akita) pursuant to the sale of Mancell Girls School in Kumasi applied to the court for an order compelling the 2nd defendant, that is the Minister, Ministry of Women and Children Affairs and the then Attorney-General to pay the monies being the consideration in five different cheques. And in pursuance to this application, the six plaintiffs obtained an order for the said money to be paid into the court.
The processes in this case also indicate that the writ in Tema Suit was filed by Mr. R.S. Blay as counsel for the six plaintiffs but Mr. Kizito Beyuo joined in later as co-counsel for the plaintiffs. And in the course of the proceedings the plaintiff/appellant sought leave to amend her claim through Mr. Kizito Beyuo to seek a revocation of the sale because she did not consent to the sale of the Institute.
The application for leave to amend was dismissed by the court. Thereafter, the six plaintiffs through their solicitor, Mr. Kizito Beyuo discontinued their action in Tema Court. But on the same date – 18/12/2008, the plaintiff/appellant herein, through her solicitor Mr. Kizito Beyuo filed Suit No. HRC/9/08 in the High Court (Human Rights Division), Accra, against the applicant herein and the Attorney-General.
The suit in the High Court, Accra (Human Rights Division) by the plaintiff/appellant herein s