CATHELINE AND ANOTHER vs. AKUFO-ADDO [1984]DLCA900

Date	1984-10-09
Suit No.
Citation No.	[1984]DLCA900

MENSA BOISON JA

ABBAN JA

OSEI-HWERE J.A.

ENOCH D. KOM (WITH HIM J. K. AGYEMAN AND GEORGE KOM) FOR THE APPELLANTS.

JOE REINDORF (WITH HIM W.A.N. ADUMUA-BOSSMAN) FOR THE RESPONDENT.

[1984]DLCA900
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													<main id="main" class="content" style="min-height: 60rem" ><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CATHELINE AND ANOTHER <o:p></o:p>

{COURT OF APPEAL, ACCRA} <o:p></o:p>

[1984-86] 1 GLR 96<o:p></o:p>

DATE:
9 OCTOBER 1984<o:p></o:p>

</div><o:p>&nbsp;</o:p>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

ENOCH D. KOM (WITH HIM J. K. AGYEMAN AND GEORGE
KOM) FOR THE APPELLANTS. <o:p></o:p>

JOE REINDORF (WITH HIM W.A.N. ADUMUA-BOSSMAN) FOR
THE RESPONDENT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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MENSA BOISON, ABBAN AND OSEI-HWERE JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF MENSA BOISON J.A.<o:p></o:p>Mensa
Boison J.A. delivered the judgment of the court. This is an appeal from a
ruling dated 13 April 1984, of an Accra High Court presided over by Hayfron J.
It dismissed a motion praying that the said judge should in substance
disqualify himself from further hearing of a suit as instituted above.<o:p></o:p>The terms
of the motion are pertinent and the operative part may be set out:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">&nbsp;“Take notice that this honourable court will
be moved by Enoch Kom counsel for and on behalf of the defendants-appellants
under section 100 of the Courts Act, 1971 (Act 372) and the inherent
jurisdiction of the court, praying this court that his Lordship Hayfron J.
presiding in the hearing of the suit hereinbefore mentioned stay further
proceedings therein disqualifying himself from sitting on the action and report
to his Lordship the Chief Justice in order that the Chief Justice may give such
directions as may be necessary for the said action to be transferred to another
judge for hearing and determination.”<o:p></o:p><o:p>&nbsp;</o:p>In their
affidavit supporting the motion, the appellants charge the presiding judge with
likelihood of bias in favour of the respondents as the ground for his
disqualification. The facts as deposed to may be briefly rehearsed: at all
times material to the motion the appellants as the executors to the will of one
O. P. Ofori-Atta, are defendants in the suit herein, which the respondent, a
uterine sister of the testator aforesaid, seeks to challenge the bequests made
by the testator of shares in Beyeeman Freezing Co. Ltd. Pending also before the
same court was an action in which the same executors, as the plaintiffs, sought
an order for his removal as a director of the said Freezing Co. of one Edward
Akufo-Addo alias Bumptie, a son of the respondent in this appeal. For clarity
the suit now appealed from will be referred to as suit A. and the other as suit
B.<o:p></o:p><o:p>&nbsp;</o:p>On 2
November 1983, suit A came on for continued hearing. The court must have risen
somewhat late; for although counsel for the parties and their retinue had all
gone away, Madame Dinah Twum, a supporter of the appellants in suit A, was
about 2.30 p.m. still in the precincts of the court building, waiting for her
car. She is styled as an aunt of one of the beneficiaries under the will of the
testator. She it was who saw Bumptie at the driving wheel come back to the
court, between that time and 3 p.m., to collect the presiding judge and a lady,
who turned out later to be Mrs Hayfron. Before Bumptie could seat and drive out
his two passengers, Madam Twum was by the car and remonstrated on the conduct
of the judge. The judge might well not have taken in what the lady was about,
as he expressed no reaction. Bumptie drove away to drop the judge and his wife
at their residence.<o:p></o:p><o:p>&nbsp;</o:p>By a
letter, exhibit A, dated 7 November 1983 Madam Twum complained of the incident
to the Chief Justice, expressing her fears of the outcome of the case as the
judge was accepting car lifts from the son of their adversary. Madam Twum was
not on the record of the suit in any capacity, but the office of the Chief
Justice deferred to deal with her, and replied to her on November 14 as in
exhibit B:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">&nbsp;“Dear Madam,<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">