Marfo, represented by his law firm Marfo and Associates, according to a report by Asaaseradio.com has submitted a statement of claim at the High Court seeking four reliefs in the case.
Marfo is first seeking the recovery of the GH₵130,000 outstanding legal fees. Additionally, he is requesting the court to award interest on the said amount at the commercial rate, starting from November 2021 until the final payment is made. He is also seeking damages for breach of contract and cost, including legal fees.
In support of his claims, Gary Nimako Marfo states, “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.”
He further explains that after Elizabeth Kaki Mann assumed office as the Municipal Chief Executive in September 2021, she decided to terminate their engagement. Marfo asserts that he delivered all the documents and files belonging to the Ga East Municipal Assembly to the defendants as per the termination agreement.
The filing further states, “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.”
Regarding the outstanding fees, Marfo states, “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.”
Despite serving a demand notice to the defendants in November 2021, requesting payment of the debt, Marfo alleges that the Municipal Chief Executive, Elizabeth Kaki Mann, has refused or failed to honor the payment. He quotes, “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.”
Marfo further highlights that he sent a written notice of intention to sue the defendants in August 2022, which was ignored. He emphasizes that all attempts by certain officers of the Ga East Municipal Assembly to persuade the Municipal Chief Executive to settle the debt have been unsuccessful.
Gary Nimako Marfo concludes that unless the Court intervenes and compels the Ga East Municipal Assembly and its Chief Executive to fulfill their financial obligations, the outstanding legal fees will remain unpaid.
Source: www.ghanaweb.com
