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GAISE ZWENNES HUGHES & CO.
V.
LODERS CROCKLAAN B. V.

(2012) JELR 66179 (SC)

Supreme Court 1 Feb 2012 Ghana
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- The Supreme Court affirmed that strict compliance with section 30(1) of the Legal Profession Act, 1960 (Act 32)—service of a bill of fees at least one month before suing for recovery of legal fees—is a mandatory statutory pre-condition; n

Case Details

Suit Number:CIVIL APPEAL NO. J4/24/2011
Judges:DATE-BAH JSC (PRESIDING), OWUSU JSC, DOTSE JSC, BONNIE JSC, GBADEGBE JSC
Counsel:PETER ZWENNES FOR THE PLAINTIFFS/ APPELLANTS/APPELLANTS; MRS. ABENA NTRAKWAH-MENSAH FOR THE DEFENDANTS/ RESPONDENTS.

JUDGMENT

DR. DATE-BAH JSC:

I have had the privilege of reading before-hand the lucid and authoritative judgment about to be read by my brother Gbadegbe JSC and I agree with him. The interpretation put on section 30(1) of the Legal Profession Act, 1960 (Act 32) by the Court of Appeal in Ayarna and Anor v. Agyemang and Ors [1976] 1 GLR 306 and by the Supreme Court more recently in Narter v. Gati [2010] SCGLR 745 makes it inevitable for us to dismiss this action.

(SGD)

DR. S. K. DATE-BAH

JUSTICE OF THE SUPREME COURT


GBADEGBE JSC:

On or about 14 March 2006, the defendant instructed the plaintiff, a firm of legal practitioners, regarding a contract that they had previously entered into with a company known as International Business Group, Ghana Ltd and its managing director. It appears from the pleadings in this case that the contract was one of purchase of shea-nuts for which the defendant had made payment but did not receive supplies due to it.

The instructions from the defendant to the plainti…

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