[2019]DLCA7748May 2, 2019Court of Appeal

KWAA ARKU-KORSAH (PLAINTIFF/RESPONDENT) vs. KWEKU MENSAH (SUBSTITUTED BY) KOBENA KORANTSEN & 37 ORS (DEFENDANTS/APPELLANTS)

ADJEI, J.A: The High Court, on 13th November 2015, delivered a ruling and the defendants/appellants, dissatisfied with the ruling, filed an interlocutory appeal to this court praying for the reversal of the order made on 3rd December 2015. The facts relevant to this appeal are that a lawyer was engaged to conduct the case against the thirty-eight defendants/appellants at the court below. However, three of them namely the 31st 35th and 37th defendants filed a process in the court below to dispense with the services of the lawyer. The process they filed to discharge their lawyer was in the nature of an affidavit. The other defendants through the same lawyer filed a motion to dismiss the process filed on grounds of incompetence. The trial High Court judge granted the application and struck out the process as incompetent and further made consequential orders disengaging the said lawyer from representing the three aforesaid defendants because, to him, there were some ethical issues raised...