TAMAKLOE & PARTNERS UNLTD vs. GIHOC DISTILLERIES CO. LIMITED

The appellant, a law firm, sued the respondent company for recovery of alleged outstanding legal fees for services rendered in litigation involving Integrated Investments Ltd v GIHOC Distilleries Co. Ltd and for work connected with the respondent’s annual general meeting. The appellant claimed several specific sums as deposits, final fees, appellate fees, AGM-related fees, and interest. The respondent denied liability, contending that the parties had discussed and negotiated fees, and that the appellant had been paid sums covering the agreed fees. The central controversy was whether there was a binding all-inclusive fee agreement and, more fundamentally, whether the appellant had lawfully negotiated and agreed its fees with the client before or at the commencement of the engagement. Portion of judgment: opening factual narrative beginning “This appeal arose from a legal fee dispute…” through the description of the writ and the respondent’s defence.

AMEGATCHER, JSC:- This appeal arose from a legal fee dispute between the appellant law firm and the respondent company. The appellant lost the suit it filed in the High Court and a subsequent appeal to the Court of Appeal, prompting the instant appeal to this Court. What the appellant is urging on us is to reverse the decision of the Court of Appeal dated 7th July 2016 which confirmed the judgment of the High Court presided over by Dery J, dated 25th July 2014. The appellant is a law firm registered under the laws of Ghana while the respondent is a limited liability company engaged in the manufacture of alcoholic and non-alcoholic beverages. The facts gleaned from the record reveals that the respondent engaged the services of the appellant to handle a suit brought against it by another limited liability company, Integrated Investments Limited in the High Court, Accra and a subsequent appeal in the Court of Appeal. The relationship between the parties ended abruptly when the responden...