[2024]DLCA17613June 6, 2024Court of Appeal

IN THE MATTER OF AN APPLICATION TO INVOKE THE SUPERVISORY JURISDICTION OF THE HIGH COURT UNDER ARTICLE 141 OF THE CONSTITUTION OF GHANA, 1992 AND ORDER 55 OF THE HIGH COURT (CIVIL PROCEDURES) RULES, 2004, CI 47. AND IN THE SUIT ENTITLED: NASONA OIL COMPANY LTD. vs. PHILIP KWAME FRIMPONG AND IN THE MATTER OF:THE REPUBLIC vs. DISTRICT COURT, KUMASI EX-PARTE MRS. NELDA OSEI BOATENG, ASSEMBLIES OF GOD

RULING SUURBAAREH, J.A: Lawyers do not only represent their clients, but are also officers of the Court and bound by a code of ethics. This being the case, they are not blind mouth pieces of their clients. Lawyers as professionals, are enjoined to protect the interest of their clients to the hilt, and in this regard, may deploy every available missile in their legal armory to defend the interest of their client. There is however a limit to which lawyers can go on their quest to defend their clients, and must avoid doing everything that will constitute an abuse of the Court process or infringe their code of ethics. As an officer of the Court, Lawyers must advise their clients out of Court and not keep fanning the flames of litigation, just because they stand to gain financially or want to display their prowess as a Lawyer. It is to avoid the situation, where the legal processes may be abused, that the rules and practices of the Courts provide for the striking out or dismissal of ca...