Supreme Court dismisses certiorari application against KATH

The Supreme Court of Ghana on Tuesday, October 15, 2024, dismissed a certiorari application brought by one Kwame Adofo, the immediate past lawyer of the Komfo Anokye Teaching Hospital (KATH) in Kumasi.

The Court also ordered him to pay a cost of GHc20,000.00 for wasting the court’s time with such a frivolous application.

While still under contract as a legal counsel with KATH, Lawyer Adofo launched a series of attacks against the hospital and its Chief Executive, causing its management to initially report his unprofessional conduct to the General Legal Council for investigation and appropriate sanctions.

Notwithstanding the complaint to the General Legal Council, Lawyer Adofo continued to denigrate the name of the hospital and its Chief Executive with the release of confidential information about the facility, although he had signed an agreement with the institution as its legal counsel to protect it.

In light of this conduct, the hospital further took a decision to also sue him at the High Court and to get damages against him for breaching his duty of trust owed to the facility.

This was because he had betrayed the interest of the hospital and disclosed confidential information which had come to his knowledge by virtue of his role as lawyer for the Hospital.

It was the suit at the High Court that Mr Adofo, instead of filing his defence, rather chose to bring a frivolous application, that the High Court had no jurisdiction to entertain the suit brought against him because his conduct had already been reported to the General Legal Council.

The High Court rejected that application and awarded the cost against him and so he brought the present application to the Supreme Court.

The Supreme Court dismissed the case as frivolous and toxic to the law.

The Komfo Anokye Teaching Hospital was represented by its current lawyer, Nana Freduah Agyeman Osborn.