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JUDGMENT
JUDGMENT
SOWAH, J.A.:
Introduction
This appeal is by the defendants/appellants against the judgment of the trial High Court (Commercial Division) dated 5th July 2018 which upheld all the claims of the plaintiff/respondent.
In this judgment the descriptions of the parties at the trial court will be maintained.
Background Facts
The plaintiff is a lawyer and was engaged by the 1st defendant company acting through the 2nd defendant [who is said to be the General Manager] to perform legal services for the company. A Legal Services Retainer Agreement exhibit ‘F’ [hereinafter called ‘the Agreement’] was executed to commence on 1st November 2016. In the agreement, a monthly fee of GHc2, 000.00 was to be paid upon an invoice issued and paid quarterly in advance. Pursuant to this agreement, the plaintiff started providing services and issued the invoice for the first quarter i.e. 1st November 2016 – 31st January 2017 [exhibit ‘G’] which went unpaid. On 3rd January 2017, the plaintiff notified the defendants of her intention to terminate the agreement if payment was not made within one week. [See exhibit ‘K’ at page 109 of the ROA]
The second quarters invoice was issued on 23rd January 2017 for the period 1st February 2017 – 30th April 2017 [exhibit ‘M’]. When payment was not made for either invoice, Plaintiff issued a writ on 14th March 2017 claiming as follows:
i. A declaration that the agreement executed between the parties effective November, 1, 2016 is valid and binding on the 1st defendant and its owners.
ii. Payment of the amount of forty-three thousand Ghana cedis (Gh¢43,000.00) being professional fees for legal services provided to the 1st defendant.
iii. Payment of an amount of seven thousand five hundred and twenty-five Ghana cedis (Gh¢7,525.00) representing VAT on the fees.
iv. Interest on the amount of forty-three thousand Ghana cedis (Gh¢43,000.00) at the prevailing interest rate from November 1, 2016 until date of payment.
v. General damages for breach of agreement.
vi. Costs including legal cost on a full indemnity basis on the approved Ghana Bar Association (GBA) scale of fees.
Initially, defendants defense to the action was that no cause of action was disclosed as the writ offended section 30 of the Legal Profession Act 1960, the defendants not having been given the required notice. [See the statement of defence filed on 26th April 2017 at pages 16, 17 of the record of proceedings].
However, in an amended statement of defe