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AYARNA AND ANOTHER
V.
AGYEMANG AND OTHERS

(1976) JELR 67192 (CA)

Court of Appeal 9 Feb 1976 Ghana
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- The Court of Appeal held that, under section 30 of the Legal Profession Act, 1960 (Act 32), service of a bill of fees on a client at least one month prior is a mandatory precondition to any legal action for recovery of lawyers’ fees, rega

Case Details

Judges:APALOO J.A,ARCHER J.A,ANIN JJ.A.
Counsel:GOODHEAD FOR THE FIRST APPELLANT; R. I. QUANSAH FOR THE SECOND APPELLANT.,AGYEMANG-BEMPAH FOR HIMSELF AND OTHER RESPONDENTS.
Other Citations:[1976] 1 GLR 306

APALOO J.

The respondents (hereafter called the plaintiffs) are all qualified lawyers and were enrolled under the Legal Profession Act, 1960 (Act 32), to practise their profession. The appellants, i.e. the defendants, are father and son and both seemed to be in business of some sort in or about 1973. Some time that year, the first defendant was charged with subversion and pending trial, was kept in custody. The offence was one which carried the death penalty. As was only to be expected, he was desirous of being defended by a lawyer of his own choice.

As he was himself in custody, he seems to have asked his wife to brief counsel on his behalf. The first plaintiff was accordingly instructed on behalf of the first defendant. It is only natural that there should be some discussion about professional fees but it is clear no sum was agreed between Mrs. Ayarna and the first plaintiff. At Mrs. Ayarna’s request, the first plaintiff interviewed the first defendant in custody and the latter was a…

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