[2020]DLCA8857 • March 11, 2020 • Court of Appeal
MARGARET AGOE OWUSU vs. IBIS STYLES HOTELS AND MR. KHALID SILBOUHALI
The plaintiff, a lawyer, was engaged by the 1st defendant company through the 2nd defendant (General Manager) under a Legal Services Retainer Agreement commencing 1 November 2016, with a monthly fee of GH¢2,000 payable quarterly in advance. The plaintiff provided legal services and issued invoices for the first and second quarters, which went unpaid. After notifying the defendants of intention to terminate the agreement due to nonpayment, the plaintiff terminated the contract and sued for payment of professional fees, VAT, interest, damages, and costs.
read moreSOWAH, J.A.: Introduction This appeal is by the defendants/appellants against the judgment of the trial High Court (Commercial Division) dated 5th July 2018 which upheld all the claims of the plaintiff/respondent. In this judgment the descriptions of the parties at the trial court will be maintained. Background Facts The plaintiff is a lawyer and was engaged by the 1st defendant company acting through the 2nd defendant [who is said to be the General Manager] to perform legal services for the company. A Legal Services Retainer Agreement exhibit ‘F’ [hereinafter called ‘the Agreement’] was executed to commence on 1st November 2016. In the agreement, a monthly fee of GHc2, 000.00 was to be paid upon an invoice issued and paid quarterly in advance. Pursuant to this agreement, the plaintiff started providing services and issued the invoice for the first quarter i.e. 1st November 2016 – 31st January 2017 [exhibit ‘G’] which went unpaid. On 3rd January 2017, the plainti...