Tamakloe and Partners Unltd Vrs Gihoc Distilleries Co Ltd [2019] GHASC 35 (3 July 2019)

Tamakloe and Partners Unltd Vrs Gihoc Distilleries Co Ltd [2019] GHASC 35 (3 July 2019)

The appellant failed to negotiate and agree on legal fees with the respondent before commencing services, in breach of the Ghana Bar Association Scale of Fees and relevant legal provisions. Consequently, the appellant is not entitled to recover the claimed fees, and the action fails regardless of the alleged board meeting agreement.

Citation
[2019] GHASC 35
Parties
Plaintiff/appellant/appellant: Tamakloe & Partners UNLTD; Defendant/respondent/respondent: GIHOC Distilleries Co. Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
3 July 2019
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal dismissed
Legal Topics
Legal Fees, Lawyer Client Relationship, Retainer Agreements, Professional Conduct, Evidence, Company Law
Source Language
English
Contract Law Legal Profession Regulation Legal Fees Lawyer Client Relationship Retainer Agreements Professional Conduct Evidence Company Law

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Parties

Tamakloe & Partners UNLTD

Plaintiff/appellant/appellant

GIHOC Distilleries Co. Limited

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the parties agreed on a fixed legal fee of GH¢80,000.00 for all services rendered by the appellant to the respondent
  2. 2 Whether the appellant is entitled to recover outstanding legal fees in the absence of a negotiated and agreed fee arrangement
  3. 3 Whether the minutes of the board meeting (Exhibit 6) constituted valid evidence of an agreement under section 201 of the Companies Act, 1963 (Act 179)

Ratio Decidendi

The appellant failed to negotiate and agree on legal fees with the respondent before commencing services, in breach of the Ghana Bar Association Scale of Fees and relevant legal provisions. Consequently, the appellant is not entitled to recover the claimed fees, and the action fails regardless of the alleged board meeting agreement.

Court Disposition

Appeal dismissed