[2024]DLCA18392 • July 4, 2024 • Court of Appeal
ALFRED ANIM QUARSHIE - MAJESTY LAW CONSULT vs. OKYERE NYAME STEPHEN
The Appellant engaged the Respondent, a legal practitioner, to recover locked-up investments with First Banc Financial Services. They agreed that upon recovery of GHC512,276.50, the Respondent would receive 10% of the sum plus 15% legal fees. The Respondent prosecuted the claim and obtained judgment against First Banc. The Appellant later signed onto a Government bailout programme without informing the Respondent and received payment. The Respondent claimed fees under the agreement, but the Appellant denied liability for amounts received outside the court process.
read moreJUDGMENT SUURBAAREH, J.A This is an appeal by the Defendant/Appellant, called Appellant hereinafter, against the judgment of the High Court, Kumasi, dated 1st July, 2022, which granted an application of the Plaintiff/Respondent, called Respondent hereinafter, for summary judgment under Order 14 of the High Court (Civil Procedure) Rules 2004, C.I. 47. The Appellant, whose investments were locked up with First Banc Financial Services, sometime in 2019, engaged the services of the Respondent, a legal practitioner, to assist him retrieve the investments by instituting legal processes. As the Appellant was not financially sound to raise the money for the legal fees and the filing of Court processes, the parties on 12th July, 2019, entered into an agreement to the effect that upon the recovery of the sum of GHC512,276.50, the Respondent would be entitled to 10% of the total sum received, as well as 15% as legal fees on the sums received. The Respondent who in his pleadings averred that...