SAM JONAH v. RICHMOND AGGREY & ANOTHER

The Supreme Court of Ghana dismissed an appeal by an unnamed appellant who sued solicitor Yoni Kulendi and his firm, Kulendi @ Law, for allegedly breaching duties owed to him in relation to Richmond Aggrey’s dispute over shares in Scancom Ghana Limited and a related joint venture, Spacetel Srpska. The appellant relied on a 1997 Share Sale and Purchase Agreement that he said made him beneficial owner of “Trust Shares,” and a 2009 Support Agreement under which he advanced US$1,000,000 at LIBOR + 5% with a first‑ranking charge and a covenant that Aggrey would not settle below US$200,000,000 without his consent. He alleged Kulendi accepted US$100,000 from him, then negotiated a US$54,000,000 settlement with Investcom, Scancom and Grand View, intending to disburse funds to Aggrey less a 10% success fee, and sought taxation of fees under Act 32. The High Court summarily dismissed for want of reasonable cause of action and procedural flaws; the Court of Appeal affirmed. The Supreme Court agreed the pleadings disclosed no solicitor–client relationship or contract with the respondents, and allowed the respondents’ cross‑appeal, holding that Act 32 requires proceedings by motion (s 41), not writ. The judgment was unanimous, with a separate concurrence by Dotse JSC emphasizing the statutory procedural hierarchy.