NANA KWAMINA APREH ACKAH v. KODWO NYARKU ACKAH & ORS
2015
COURT OF APPEAL
GHANA
CORAM
- E. K. AYEBI (PRESIDING) JA
- IRENE C. LARBI, (MRS.) JA
- ANGELINA M. DOMAKYAAREH, JA
Areas of Law
- Civil Procedure
- Legal Ethics
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves the administration of the estate of the late Agnes Turkson, with the conflict arising from the sale of estate property and the representation by Mr. Kwasi Afrifa, who had initially represented both parties. The trial court dismissed the 2nd defendants motion to set aside the writ of summons due to conflict of interest, which was later appealed. The appellate court granted a stay of the proceedings pending the determination of the appeal, discussing the principles of conflict of interest, stay of proceedings, and discretionary relief.
RULING
AYEBI, J.A:
1. On 12th January 1999, the High Court granted letters of administration to the 2nd defendant/appellant/applicant (hereinafter referred to the 2nd defendant) and plaintiff/respondent/respondent (hereinafter referred to as the plaintiff) to administer the estate of the late Agnes Turkson. Mr. Kwasi Afrifa Esq. acted as their lawyer in the procurement of the letters of administration. In law both the 2nd defendant and plaintiff are co-administrators of the Estate of the late Agnes Turkson.
2. In suit No. L5321/98, the 1st defendant herein sued the estate for a declaration of title to plot 19 Block A, Suame Tarkwa, Kumasi. That suit is pending on appeal in this court. On 13/10/14 however, the plaintiff herein sued the 1st and 2nd defendants for a declaration that by selling H/No. 19 A Suame Tarkwa, Kumasi and H/No. Plot 2 Block P Bomso-Kumasi to the 3rd defendant herein without his knowledge and consent, their act is not only fraudulent and illegal but also contemptuous of the court in view of the suit pending on appeal. The writ was issued by Kwasi Afrifa Esq. on behalf of the plaintiff.
3. On the service of the writ of summons and the statement of claim on the defendants, a conditional appearance was entered on behalf of the 2nd defendant herein. In a subsequent motion filed by the 2nd defendant, she prayed the court to set aside the writ of summons and the statement of claim of the plaintiff. The 2nd defendant in her affidavit in support raised two issues. The first is the representation of Kwasi Afrifa Esq. as lawyer for the plaintiff against the 2nd defendant when he had acted for both of them in procuring the letters of administration in respect of the same estate. It is the 2nd defendant’s case that the conduct of Lawyer Afrifa raises serious ethical issues, in particular, conflict of interest, which conduct is frowned upon by the relevant rules and regulations of the legal profession. The second is that although lawyer Kwasi Afrifa and the plaintiff knew that the 2nd defendant was not ordinarily resident in the country, they endorsed her residential address with house No. 19 A Suame-Takwa, Kumasi and when they were not able to serve 2nd defendant at that address, they misled the court to grant an order of substituted service.
4. After arguments on the motion, the court gave a ruling in which the trial judge dismissed the 2nd defendant’s prayer to set aside the writ of summons and statement of claim. I did not find from the