[1979]DLHC1057 • January 24, 1979 • High Court
EKWAN v. EWUSIE XIX; BOTCHEY vs. EWUSIE XIX (CONSOLIDATED)
The defendant had previously engaged Mr. Aboagye Da Costa as solicitor for himself and the Fetteh stool in a boundary settlement dispute concerning Fetteh stool lands. After Mr. Aboagye Da Costa ceased to act for the defendant and the stool in October 1978, he was noted to be acting as solicitor for plaintiffs suing the defendant over portions of the same lands. The defendant sought to restrain Mr. Aboagye Da Costa from acting against him, alleging improper use of confidential information obtained during prior representation.
read moreJUDGMENT OF OSEI-HWERE J. The defendant brought this motion praying this court to restrain Mr. Alex Aboagye da Costa from acting as counsel and solicitor for and on behalf of the plaintiffs in the above consolidated suits. His reasons, as disclosed in his supporting affidavit, are that some time in 1976 he engaged Mr. Aboagye da Costa as counsel and solicitor for himself and on behalf of the Fetteh stool in respect of Fetteh stool lands, then in dispute, in boundary settlement dispute No. 10/76. In October 1978 the said Mr. Aboagye da Costa ceased to act as counsel and solicitor for and on behalf of himself and the said Fetteh stool. According to him, as all valid documents in respect of the said Fetteh stool lands are at present in the possession and custody of the said Mr. Aboagye da Costa, it came to him as a surprise when on the commencement of these actions by the plaintiffs against him in November 1978 (i.e. barely one month after Mr. Aboagye da Costa had ceased to act as soli...