Lawyer Gary Nimako drags Ga East MCE to court over unpaid 130K legal fees
A private practictioner Gary Nimako Marfo, has sued the Ga East Municipal Assembly and the Municipal Chief Executive, (MCE), Elizabeth Kaki Mann for breach of contract by failing to pay him his outstanding legal fees of over GHc130K.
Lawyer Nimako, also a member of the New Patriotic Party, is also seeking damages for breach of contract by the Assembly and its MCE.
Per his statement of claim filed at the registry of the High Court by Marfo and Associates, the solicitors for the Plaintiff (Gary Nimako Marfo), is seeking for four reliefs against the respondents.
Mr Nimako is seeking recovery of outstanding legal fees of GHc 130,050.00 and an interest on the sum at the commercial rate from November 2021 until the date of final payment.
The Plaintiff is also praying the Court to award damages for breach of contract and cost, including legal fees.
In his statement of claims, Gary Nimako Marfo, states that on October 1, 2019, a retainer agreement was executed between the Ga East Municipal Assembly (1st Defendant) and him (Plaintiff) through his law firm as 1 Defendant’s external Solicitors.
He said the agreement was for a monthly fee of four thousand Ghana cedis (GH¢ 4,000.00) effective October 1, 2019 to 1 October, 2022.
He contended, “that under the said retainer agreement, legal fees in respect of litigation were chargeable separately on a case-by-case basis and that, through his law firm, he rendered legal services for the 1st Defendant from the commencement of the agreement until October 2021.”
“Plaintiff says that after Elizabeth Kaki Mann (2nd Defendant) was appointed to replace her predecessor in September 2021, the 2nd Defendant decided not to continue with the engagement.
“Plaintiff avers that upon the termination of the Agreement, the Plaintiff, through its law firm, delivered to the defendants all documents and files belonging to the 1st Defendant in his possession.
“Plaintiff avers that after the files were released to the Defendants, the new counsel for the Defendants, Kingsley Amoakwa-Boadu Esq., called Plaintiff for his consent to continue the cases which consent was duly given.
“Plaintiff avers that the grant of his consent to the new counsel for the Defendants was to enable him to proceed with the defendants’ ongoing cases in order not to ground those ongoing cases in court.
“Plaintiff avers that he subsequently submitted an invoice of One Hundred and Thirty Thousand, Fifty Ghana Cedis (GH¢130,050.00) to the Defendants as outstanding retainer and litigation fee due up to the date of termination in accordance with the Agreement.
“Plaintiff avers that even though the Defendants were served with demand notice as far back as November, 2021 for the payment of its debt owed the Plaintiff and his law firm, the 2nd defendant has refused or failed to honour same,” Gary Nimako Marfo stated in his statement of case.
Mr Nimako Marfo further averred that “in spite of oral and written demands to get the Defendants pay the debt owed the Plaintiff, the 2nd Defendant particularly insists that she would not pay the debt owed the Plaintiff because the Retainer Agreement with the Assembly was not executed by her but by her predecessor.”
According to him, “in August 2022, he sent a written notice of intention to sue the Defendants, but the same has been ignored by the Defendants and “that all other attempts by some officers of the 1st Defendant to get the 2nd Defendant to discharge 1st Defendant’s obligation towards the Plaintiff have proved futile”.
To this end, the Plaintiff stated that, until the Court compelled the Ga East Municipal Assembly and its chief executive, they will not pay the debts owed the him.
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