THE REPUBLIC vs. HIGH COURT (COMMERCIAL DIVISION), EX PARTE: CHARLES ZWENNES AND PHILIP ADDISON, MERLIN GAMING GHANA LIMITED AND ERIC GBEHO

The Applicant, a legal practitioner and shareholder/director of Merlin Gaming Ghana Limited, was engaged by Eric Gbeho to file an originating motion challenging the appointment of Philip Addison as Company Secretary. The Respondents filed motions to disqualify the Applicant as counsel on grounds of conflict of interest, alleging the Applicant's dual roles as shareholder, director, and company lawyer created a conflict. The High Court (Koomson J) ruled to disqualify the Applicant without immediate reasons, which were reserved for a later date. The Applicant sought certiorari to quash the disqualification ruling, alleging breaches of natural justice and constitutional rights.

DOTSE JSC: - By his application, the Applicant herein, a legal practitioner of Gaisie Zwennes Hughes & Co. is seeking an order of Certiorari to bring up to this court the proceedings and Rulings dated 9th December 2019 in the High Court, Commercial Division, presided over by Koomson J, Suit No. CM/MISC/0961/2019 intitutled, In the Matter of An Application Pursuant to Section 217 of the Companies Code, 1963 (Act 179) And in The Matter of Merlin Gaming Ghana Limited – Eric Gbeho (Applicant) v (1) Philip Addision (1st Respondent) and (2) Merlin Gaming Ghana Limited, (2nd Respondent) for the orders of the High Court, dated 9th December, 2019 already referred to supra to be quashed. The grounds of the application are the following:- 1. Breach of the rules of natural justice 2. That the order of the Judge, made without assigning reasons is in breach of the Applicant’s constitutional right to work. 3. That the order is also in breach of the Applicants constitutional right to avail hi...