CaseLaw
Anachebe V. Ijeoma & ors (2014) CLR 6(d) SC.
Judgement delivered on June, 27th 2014
Brief
Facts
The appellant a Legal Practitioner initially sued all the three respondents jointly and severally for a liquidated sum of money in settlement for his professional fees and agreed commission respectively for services rendered for the benefit of all respondents at the instance of the appellant/respondent. It was subsequently pleaded that the 1st respondent being the only respondent to be so designated had withheld/commission.
The appellant contended that the respondent whilst duly served the writ of summons and statement of claim failed and/ or refused to file their joint or several defence. Further, the appellant filed a motion for default judgment in which judgment was entered in his favour without any objection by the respondent for over two years. The 1st respondent alleged that he was not aware of the default judgment up until the bailiffs of court came to execute same due to the misinformation by his formal counsel. Sequel to this; he changed his counsel to remedy the situation by filing two motions on his behalf (application for leave to appeal and extension of time within which to appeal). The court of appeal granted the application sought by the respondent and made an order that the notice and grounds of appeal be filed within seven days.
Dissatisfied with the ruling, the appellant hence appealed to this court.