Quarshie Vrs BIRAGO And Another (A2/22/19) [2022] GHACC 317 (31 October 2022)

Quarshie Vrs BIRAGO And Another (A2/22/19) [2022] GHACC 317 (31 October 2022)

The plaintiff is entitled to legal fees for work done on quantum meruit, but only to the extent of GH₵5,000, as the agreement was breached and the plaintiff did not conclude the suit. The 2nd defendant was not a party to the agreement. The defendants failed to prove their counterclaim for breach of contract and...

Source-derived case information.

Citation
[2022] GHACC 317
Parties
Plaintiff: Alfred Anim Quarshie; 1st Defendant: Cynthia Akosua Birago; 2nd Defendant: Mr. Gyebi
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
31 October 2022
Case Number
A2/22/19
Procedural Posture
Civil / Judgment
Outcome
Judgment for plaintiff against 1st defendant; plaintiff's claim against 2nd defendant dismissed; defendants' counterclaim dismissed.
Legal Topics
Breach of Contract, Quantum Meruit, Lawyer Client Relationship, Counterclaim
Source Language
english
Contract Law Legal Profession Breach of Contract Quantum Meruit Lawyer Client Relationship Counterclaim

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Parties

Alfred Anim Quarshie

Plaintiff

Cynthia Akosua Birago

1st Defendant

Mr. Gyebi

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to legal fee claimable
  2. 2 Whether the Plaintiff has breached the Service Agreement
  3. 3 Whether the Defendants are entitled to the counterclaim

Ratio Decidendi

The plaintiff is entitled to legal fees for work done on quantum meruit, but only to the extent of GH₵5,000, as the agreement was breached and the plaintiff did not conclude the suit. The 2nd defendant was not a party to the agreement. The defendants failed to prove their counterclaim for breach of contract and recovery of GH₵500.00.

Court Disposition

Judgment for plaintiff against 1st defendant; plaintiff's claim against 2nd defendant dismissed; defendants' counterclaim dismissed.

Orders

  • 1st defendant to pay plaintiff GH₵5,000 as legal fees with interest from date of judgment until final payment.
  • 1st defendant to pay plaintiff costs of GH₵2,000.