E.A. ACCAM, ESQ., & ANOR (PLAINTIFFS/RESPONDENTS) vs. ENOCH AWASABI GBERTEY & ANOR (DEFENDANTS/APPELLANTS) [2007]DLCA7449

E.A. ACCAM, ESQ., & ANOR (PLAINTIFFS/RESPONDENTS) vs. ENOCH AWASABI GBERTEY & AN... [2007]DLCA7449

Date	2007-12-14
Suit No.	CIVIL APPEAL NO: H1/242/2006
Citation No.	[2007]DLCA7449

OWUSU J.A. [PRESIDING]

ANIM J.A.

ABBAN [MRS.] J.

MR. ASANTE ANSONG FOR DEFENDANTS/APPELLANTS

MR. ISAAC MILLS FOR THE PLAINTIFFS/RESPONDENTS

[2007]DLCA7449
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													<main id="main" class="content" style="min-height: 60rem" >E.A. ACCAM,
ESQ., &amp; ANOR<o:p></o:p>(PLAINTIFFS/RESPONDENTS)<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">vs.<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">ENOCH AWASABI GBERTEY &amp;
ANOR<o:p></o:p>(DEFENDANTS/APPELLANTS)<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

CIVIL
APPEAL NO: H1/242/2006&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 14TH DECEMBER, 2007<o:p></o:p>

</div>COUNSEL: <o:p></o:p>MR.
ASANTE ANSONG FOR DEFENDANTS/APPELLANTS <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

MR.
ISAAC MILLS FOR THE PLAINTIFFS/RESPONDENTS<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

OWUSU
J.A. [PRESIDING], ANIM J.A., ABBAN [MRS.] J.<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

</div>ANIM,
J.A. <o:p></o:p>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. <o:p></o:p>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”<o:p></o:p>By
their writ of summons the plaintiffs asked for:—<o:p></o:p>[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.<o:p></o:p>[b] An order for payment of Deposit into Court against
Professional fees and costs pending the final determination of the suit. <o:p></o:p>[c] General damages for breach of contract and wrongful
termination of appointment Commission. <o:p></o:p>The
facts briefly are that the 1st Plaintiff a prominent Lawyer, undertook to
prosecute the cases of the Defendants for them from 1985 until 3/11/98 when he
withdrew his services. It is alleged that the main area he dealt with for the
Defendants was in land litigation. However, in order to ascertain whether the
Defendant’s land as described on his original\site plan fell within the area
compulsorily acquired for the construction of the Kpong Hydro-Electric dam, he
applied to the High Court Accra for an order to compel the survey department to
superimpose the Defendants’ site plan on the plan of the area affected by the
acquisition. The order was granted and the superimposition was carried out.
Thereafter, the Defendant requested him to claim compensation for his inundated
land. The 1st Plaintiff also commissioned S. Kwame Frempah &amp; Co. to
evaluate the Defendants’ land for compensation purposes. The company did the
work and submitted a report which put the total compensatory or claimable
figure at ¢9,239,616. <o:p></o:p>It
is alleged that the 1st Plaintiff gave ¢5,000 to the 2nd Plaintiff to enable
him visit the land in question. Later S. Kwame Frempah &amp; Co. lodged the
claim with the Chief Land Officer, Lands Department, Accra. <o:p></o:p>The
1st Plaintiff avers that he relentlessly pursued the claim and constantly
interacted with the schedule clerks. eg Nutsigah, Baffour Danquah and the
technician, Konglo. The Plaintiff’s called two witnesses to support an
application for an interim presentation of 25% of ¢3,656.731,435 even though
the 1st Defendants land in issue was valued at ¢681,977,104 and the 2nd
Defendants land was also valued at ¢59,362,360. <o:p></o:p>In
all the Plaintiffs called 3 witnesses including the second valuer whose
valuation secured the compensation. <o:p></o:p>The
case of the 1st Defendant is that he owned some farm lands and other lands at
Tador near Kpong. That the late Dr. E. Ako Agyei of the Big Six fame, used to
be his Lawyer. That it was Dr. Ako Adjei who handed over the Defendants files
to the 1st Plaintiff. He charged the 1st Plaintiff and paid all the professional
fees agreed between him and the 1st Defendant. Some of the fees had to be
settled by carving plots from 1st Defendant’s land to the 1st Plaintiff instead
of cash. At the beginning of the hearing of the case the 1st Plaintiff
instructed him to go to the survey Department for his site plan to be
superimposed on the plan of the land acquired for the Kpong Dam. The
superimposition was carried out and he paid the plaintiffs for the work they
did. <o:p></o:p>The
1st plaintiff took him to the office of the 2nd Plaintiff. After some
discussions on the compensation the 1s</main>