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
- Legal ethics
- Conflict of interest
- Professional conduct in legal practice
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Court found that the Plaintiffs' counsel, Amarteifio & Co and Mr. Kwesi Austin, are in a conflict of interest situation and cannot represent the 2nd Plaintiff. However, the application to dismiss the suit was denied, and the Plaintiffs are entitled to be heard. Costs were awarded to the Defendants.
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