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GAISE ZWENNES HUGHES & CO. v. LODERS CROCKLAAN B. V.

2012

SUPREME COURT

GHANA

CORAM

  • DATE-BAH,JSC (PRESIDING)
  • OWUSU , JSC
  • DOTSE, JSC
  • BONNIE, JSC
  • GBADEGBE, JSC

Areas of Law

  • Civil Procedure
  • Contract Law

AI Generated Summary

The Supreme Court of Ghana decided a further appeal arising from a fee dispute between a law firm and its client stemming from a successful settlement with International Business Group, Ghana Ltd. The firm had retainer terms pegging fees to outcomes and, after securing court-entered settlement terms for the client, sued the client to recover fees. The High Court and the Court of Appeal dismissed the firm’s claims. In the Supreme Court, the Court itself raised whether section 30(1) of the Legal Profession Act, 1960 (Act 32) was complied with, requiring a bill of fees be served at least a month before suit. The plaintiff admitted non-compliance and argued waiver. Relying on Ayarna v Agyemang and Nartey v Gati, and Ex-parte Allgate, the Court held compliance is mandatory, non-compliance invalidates proceedings, and waiver cannot cure statutory breach. It dismissed the appeal and the underlying action.

JUDGMENT