NII KPOBI TETTEY-TSURU III & EAST DADEKOTOPON DEV’T TRUST v. JOSEPH NII NAI ADJEI & 7 ORS
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Civil Procedure
- Equity and Trusts
- Property and Real Estate Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This ruling addresses an application by the 2nd and 6th Defendants to dismiss an action filed by Nii Kpobi Tettey-Tsuru III (La Mantse/La Stool) and the East Dadekotopon Development Trust concerning trusteeship, fiduciary duties, accounting, and the management of approximately 3,048.65 acres of land behind the Ghana International Trade Fair. The Applicants argued that Plaintiffs’ counsel, Mr. Kwesi Austin of Amarteifio & Co, was in a conflict of interest because the firm has previously represented the La Mantse against the Trust in related pending cases involving the same land. Applying Rule 5(10) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (L.I. 613) and authority including Jones v. Buckle, Aboagye da Costa, and MacDonald Estate v. Martin, the court held there is a conflict when the same firm represents the Trust here while opposing it in other matters. The court refused to dismiss the suit but ordered the disqualification of Amarteifio & Co/Mr. Austin from representing the 2nd Plaintiff and awarded GH3,000 costs to the Applicants against the 2nd Plaintiff.
RULING
I. Introduction:
[1] The issue in this application before me revolves arund the very thorny problem of conflict of interest that occasionally raises its ugly head in every solicitor’s practice/life. Undoubtedly, the legal profession is or should be vigilant to the problems of conflict of interest because it can indeed be an albatross around the neck of any solicitor or barrister. It is a problem that ought to be addressed when raised because it concerns the preservation of the integrity of the legal profession and ultimately the administration of justice.
[2] The 2nd and 6th Defendants/Applicants herein are praying this Court for an order to dismiss the Plaintiff’s Writ of Summons and the Statement of Claim on the grounds that the Solicitors Amarteifio & Co, Ayawaso Chambers are in a conflict of interest situation because they have acted and continue to act for the 1st Plaintiff against the 2nd Plaintiff in some pending cases.
Background:
[3] It recalls that on the 6th day of April, 2018 the Plaintiffs commenced this instant action by issuing a writ of summons against the Defendants herein for certain reliefs endorsed on the writ of summons. The reliefs are as follows:
a. A declaration that the Defendants have never been appointed Trustees of the 2nd Plaintiff Trust.
b. A Declaration that notwithstanding the defect in appointment, the Defendants are liable to the responsibilities and obligations of a Trustee of the East Dadekotopon Development Trust.
c. An order for the appointment of a reputable Audit Firm to conduct a forensic audit of the operations of the East Dadekotopon Development Trust, the 2nd Plaintiff from September 2010 to date.
d. An order against the Defendants for an account in respect of their involvement, dealing or management of the Property and Funds of the 2nd Plaintiff Trust,
e. A declaration that the Defendants jointly and severally, by the acts and omissions have breached fiduciary duty to the Plaintiffs, the Settlors and Citizens of La.
f. An order against the Defendants jointly and severally to repay any amounts unaccounted for or unlawfully dissipate and to return to the Trust all of its property and Funds.
g. An order for interlocutory injunction to restrain the Defendants herein, its agents, assigns, privies or any persons claiming through or under them from holding themselves out as Trustees. Dealing in any way with the property of the 2nd Plaintiff Trust including but not limited to movable and immovab