May 26, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal arose from a fee dispute between a lawyer (the Respondent) and former clients (the Appellants) following successful litigation over a high-value property at Airport West, Accra. The Respondent claimed a fee arrangement of 15% of the property’s market value for his representation in High Court Suit No. L.225/96 and Court of Appeal Suit No. HI/84/2006; the Appellants insisted they owed only GH¢25,000 for all services. The High Court awarded GH¢100,000 (less GH¢25,000 already paid) with interest, and the Appellants appealed, arguing the Respondent lacked a valid practicing licence and that processes signed by his counsel were void. Writing for the Court of Appeal, Eric Baah, J.A. rejected these arguments, clarifying that non-endorsement of a licence on court documents is not fatal absent proof of no licence, and that illegality must be specifically pleaded and proved. Applying quantum meruit with Ghana Bar Association fee scales, the court upheld the GH¢100,000 award and dismissed the appeal.
BAAH, J.A
On 5 September 2008, Plaintiff/Respondent (hereafter Respondent), issued a writ of summons against the Defendants/Appellants (hereafter Appellants) for a number of reliefs. The writ of summons and its accompanying statement of claim were twice amended, that is, on 29 May 2009 and on 12 March 2012. The reliefs endorsed on the amended writ of summons seeks the following:
i. Declaration that by and under the terms of the parties’ fee agreement for handling Suit No…to the Court of Appeal, the Plaintiff’s legal fees was agreed and fixed at 15% of the value of the property, subject matter of dispute in the suit, being House No. 17, Airport West.
ii. Declaration that by reason of the parties’ said fee agreement the Plaintiff is and remains a 15% equity owner of House No 17, Airport West, Accra, until the Defendants have fully discharged their legal fee payment obligations to the Plaintiff.
iii. An order restraining the Defendants from in any manner dealing with the said property without reference to the Plaintiff
iv. An order for the payment of Plaintiff’s legal fees assessed at 15% of the value of the property less part payment of GH¢25,000.00. Alternatively,
v. An order for the payment to the Plaintiff of the sum of GH¢125,000.00 with interest thereon from 22nd November 2007
vi. General damages
vii. Legal costs, and
viii. Further and such other orders as the justice of the case shall require.
After entering appearance on 11 November 2008, Appellants filed a statement of defence on 18 December 2008.
CASE OF RESPONDENT AT COURT A QUO
The case of the Respondent (Plaintiff at court below) was that, Appellants’ engaged him to offer legal services at the High Court in Suit No. L.225/96, and at the Court of Appeal in Suit No HI/84/2006. The subject matter of the suit at the High Court was H/N 171, Airport West, Accra. The 1st Appellant had counterclaimed for title to the subject property. It is the case of Respondent that Appellants’ agreed to pay to him, 15% of the open market value of the subject property if Defendants were successful in the suit. However, Appellants’ were not obliged to pay any legal fees in the event of failure of their case.
Eventually, Appellants won the case at the High Court and had that decision confirmed by the Court of Appeal on 23 December 2004. An application by Appellants for recovery of possession was granted by the High Court, resulting in possession of the subject property being vested in 1st Appellant. Responde