[2007]DLCA7449December 14, 2007Court of Appeal

E.A. ACCAM, ESQ., & ANOR (PLAINTIFFS/RESPONDENTS) vs. ENOCH AWASABI GBERTEY & ANOR (DEFENDANTS/APPELLANTS)

The plaintiffs, a lawyer and a quantity surveyor, provided legal and valuation services to the defendants relating to compensation claims for land affected by the Kpong Hydro-Electric Power Project. The plaintiffs claimed professional fees for services rendered over a period from 1985 to 1998. The defendants contended that the 1st plaintiff did not diligently pursue the compensation claims and that fees had been paid or agreed upon. The dispute arose over unpaid fees and alleged wrongful termination of the plaintiffs' appointment.

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ANIM, J.A. This is an appeal from the judgment of the Koforidua High Court delivered by His Lordship Justice Tom Bentil dated the 27th day of July 2005. On 25th June 2003 the Plaintiff/Respondents [hereinafter referred to as [the plaintiffs] commenced action at the High Court, Koforidua against the Defendants/Appellants [hereinafter referred to as] “the Defendants” By their writ of summons the plaintiffs asked for:— [a] Professional fees due and owing to the Plaintiffs for Solicitor’s and valuer’s services respectively provided/rendered by the Plaintiffs for the Defendants in terms laid down by the Ghana Institution of Surveyors and the Ghana Bar Association respectively or on quantum meruit basis resulting in compensation of ¢59,302,000 paid to the 1st Defendant and ¢3,597,429,435.00 paid to the 2nd Defendant by the Volta River Authority and the Land Valuation Board-Re State Lands Act 1962 – Site for Kpong Hydro-Electric Power Project. E1 22/79 and E1.35/80. [b] A...