[2019]DLHC7665 • July 7, 2019 • High Court
FRANKLYN AYENSU vs. UNITED BANK OF AFRICA
The plaintiff, Franklyn Ayensu, claimed he had not received his share of proceeds from the sale of a property involved in a dispute with the defendant, United Bank of Africa. The defendant contended that it had paid the plaintiff's portion into a bank account held by the plaintiff's solicitors, Law Consult. The dispute centered on whether the defendant had given valuable consideration for the property and whether the plaintiff had received his share of the proceeds.
read moreThis ruling arises out of the evidence – in – chief of one Madam Dora Ocquaye Nortey a solicitor from the Law Firm THE LAW CONSULT. During her evidence – in – chief she disclosed that she represented the plaintiff and his representative in another suit involving the property in issue. Before she could elaborate on the nature of the said suit learned counsel for the plaintiff raised an objection to her evidence on the ground that communication between the plaintiff and the witness is privileged and therefore inadmissible. In his submission, counsel for the plaintiff contended that the rules of the profession guarantee privilege or confidential relationship between lawyer and client. Whatever therefore transpired between the witness and the plaintiff is privileged and not admissible under the Evidence Act. Counsel for the plaintiff also made the point that the Case Management Conference was done on his blind side. In her reply, learned counsel for the defendant referred t...