[2010]DLSC4143 • July 7, 2010 • Supreme Court •
T. T. NARTEY vs. GODWIN GATI
The plaintiff, a lawyer, agreed to represent the defendant in a motor accident claim for 15% of damages recovered. The court awarded damages and costs, but the defendant allowed the judgment debtor to pay in installments. The plaintiff sued the defendant for his legal fees, but the defendant challenged the suit's validity based on section 30 of the Legal Profession Act (Act 32), which requires a lawyer to serve a bill of fees one month before commencing suit. The plaintiff argued that section 30 was inconsistent with Article 17 of the 1992 Constitution on equality and non-discrimination.
read moreDR. DATE-BAH, JSC:- This is the unanimous ruling of the Court on this reference. Introduction His Worship Ali Baba Abature, the Magistrate who has in this case made a reference to this Court, has exhibited commendable legal awareness. This is the first reference that we are aware of that has come from a Magistrate’s Court. He is, of course, well within his rights, under article 130(2) of the 1992 Constitution, to refer to this court: “(a) all matters relating to the enforcement or interpretation of this Constitution; and (b) all matters arising as to whether an enactment was made in excess of the powers conferred on Parliament or any authority or person by law or under this Constitution.” The context within which this Court will exercise its original jurisdiction, whether by way of a reference or otherwise, was set out lucidly by Anin JA in the locus classicus in Republic v Special Tribunal; Ex parte Akosah [1980] GLR 592 at p. 604 as follows (in relation to the 1979 Cons...