Ratio DecidendiRatio Decidendi



JONES
V.
BUCKLE AND OTHERS

(1977) JELR 65733 (HC)    
High Court  ·  2 Feb 1977 ·  Ghana
 · 
Other Citations
[1977] 2 GLR 145
CORAM
OWUSU-ADDO J.

Ratio Decidendi

Core Terms Beta
solicitor
order
first defendant
party
mr. brodie-mends
client
solicitors
behalf of the first defendant
messrs. gaisie
high court
mary dawson amoah
notice
rules
civil procedure
exhibit a
exhibit b
final conclusion of the cause
member of the plaintiff
mr. cann
notice of any change of solicitor
place of address
provisions of rules
solicitor of the party
weeks of the date
appearance of messrs. gaisie
cape coast
copies of the notice
ekua eson
financial transaction
first defendant-applicant
instructions of the following persons
interim preservation of the subject-matter of the litigation
legal proceedings
letter head of messrs. gaisie
miss effua ansah
miss elizabeth asamoah
mr. d.e. asamoah
mr. emmanuel asamoah
mr. f.g. asamoah
notice of change of solicitors
part of the solicitor
preliminary objections
preservation of the subject-matter of the litigation
reputable firm of solicitors
respect of the said sums of money
said lady
subject matter of the complaint
subsequent appearances
usual practice
utmost good faith

OWUSU-ADDO J.

I have chosen to preface this ruling with a quotation from Cordery on Solicitors (5th ed.) at p.118, from which I have derived some assistance in my attempt to resolve the issues raised herein. It reads:

“The relationship existing between a solicitor and his client is recognised in equity as a fiduciary one imposing on the solicitor special obligations. In his dealings with his client the solicitor must exercise the utmost good faith, and in any financial transaction with his client (save as to costs for work done) there will be a presumption that such transaction should not be upheld unless the solicitor can establish that it was effected by the free exercise of the client’s will and without any influence on the part of the solicitor.”

I do not find it necessary here to reproduce the facts averred in the pleadings of this suit. What I am called upon to decide as preliminary issues raised herein, are:

(1) whether Messrs. Gaisie, Zwennes and Hughes, a reputable firm of soli…

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