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NASONA OIL COMPANY LTD
V.
PHILIP KWAME FRIMPONG

(2024) JELR 112460 (CA)

Court of Appeal 6 Jun 2024 Ghana
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- Lawyers have a duty to protect the interests of their clients, but they must also adhere to a code of ethics and avoid abusing the court process. - The case involves a situation where the court processes have been over abused in order to

Case Details

Suit Number:CIVIL APPEAL NO. H3/208/2024
Judges:G. S. SUURBAAREH, JA SAMUEL OBENG DIAWUO, JA CHARLES EDWARD EKOW BAIDEN, JA
Counsel:OBENG MANU WITH DENNIS OPPONG WIAFE AND ETHEL JOBSON FOR APPLICANT/APPELLANT/APPLICANT SAEED KOFI SAM FOR INTERESTED PARTY
Location:Kumasi

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 cases wh…

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