Gaise Zwennes Hughes & Co Vrs Loders Crocklaan B. V. [2012] GHASC 7 (1 February 2012)

Gaise Zwennes Hughes & Co Vrs Loders Crocklaan B. V. [2012] GHASC 7 (1 February 2012)

Non-compliance with section 30(1) of the Legal Profession Act, 1960 (Act 32) is fatal to an action by a lawyer to recover fees, and the court has no discretion to overlook such breach; the action is invalid and must be dismissed.

Citation
[2012] GHASC 7
Parties
Plaintiff/appellant: Gaise Zwennes Hughes & Co.; Defendant/respondent: Loders Crocklaan B.V.
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
1 February 2012
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
appeal dismissed
Legal Topics
Professional Fees, Statutory Compliance, Retainer Agreements
Source Language
English
Legal Profession Contract Law Professional Fees Statutory Compliance Retainer Agreements

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Parties

Gaise Zwennes Hughes & Co.

Plaintiff/appellant

Loders Crocklaan B.V.

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether non-compliance with section 30(1) of the Legal Profession Act, 1960 (Act 32) invalidates an action by a lawyer to recover fees
  2. 2 Whether the defendant waived the requirement for service of a bill of fees before suit

Ratio Decidendi

Non-compliance with section 30(1) of the Legal Profession Act, 1960 (Act 32) is fatal to an action by a lawyer to recover fees, and the court has no discretion to overlook such breach; the action is invalid and must be dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The action commenced before the High Court on 15 November 2006 is dismissed.