[1975]DLHC12167 • July 31, 1975 • High Court
MERCER vs. BREMPONG II
The plaintiff claimed the balance of professional fees amounting to ¢33,767.50 from the defendant, based on a verbal agreement made in late 1971 or early 1972, later reduced to writing (Exhibit A). The plaintiff acted as solicitor for the defendant, negotiating compensation from the Government of Ghana for the Nsuaem stool lands acquired for a rubber plantation and providing legal services in related civil litigation. The Government agreed to pay ¢675,350.50 compensation, and the plaintiff received an initial payment of ¢3,440.00 from the government and ¢33,767.50 as part payment of fees. The defendant refused to pay the balance, alleging prior payment to the plaintiff and nondisclosure of this fact before Exhibit A was executed.
read moreEDUSEI J. The substance of the plaintiff’s claim against the defendant is for the sum of ¢33,767.50 being the balance of professional fees due and owing by the defendant to the plaintiff. The agreement between the parties was originally verbal and it was made in late 1971 or early 1972. Subsequently the defendant reduced it into writing and it is exhibit A. Generally speaking the plaintiff’s claim is founded on exhibit A, which the defendant’s predecessor and his sub-chiefs executed and sent to the Chief Lands Officer, Accra, authorising him to pay ten per cent of the compensation money due to the defendant stool to the plaintiff. A copy of exhibit. A was sent to the plaintiff. This exhibit A is dated 20 October 1972. The plaintiff’s services consisted of negotiating with the Government of Ghana for payment of adequate compensation to the stool of Nsuaem in respect of its lands which had been acquired for a rubber plantation, and also of undertaking legal services in civil...