This appeal arose from the proceedings initiated by the respondent herein in the High Court of Lagos State in Lagos. By a motion on notice brought under Order 4 of the High Court of Lagos (Civil Procedure) Rules, 1972 and Sections 15(4) and 16 of the Legal Practitioner Decree No.15 of 1975, the respondents prayed the court for the following orders:

This application was filed on 27th September, 1985. The facts of the case are that the respondents retained the appellants who are legal practitioner to conduct the defence of a suit filed by one Joseph Nahman against the respondents in the High Court of Lagos State (Suit No.LD/985/82). The appellant were also retained to prosecute a counter-claim in the same suit.

There were exchanges of letters between the parties as to the fees payable by the respondents to the appellants for their services. In the course of the correspondences, an agreement was reached for the payment of the sum of N55,000.00 to the appellant for the defence of the said suit LD.985/82 with the counter-claim.

Following the agreement, the appellants delivered a bill of charges pursuant to S.14 of the Legal Practitioners Act, 1975 for the agreed remuneration on 18th April, 1983 (See pages 81-83 of the record of appeal). On receipt of the bill of charges, the respondents by a letter dated 26/4/83, made a part payment of N10,000.00 to the appellants.

The appellant having accepted the brief, entered appearance, filed pleadings and took all procedural steps in the conduct of the defence and the counter-claim. They also made court appearances spanning over a period of three years.

The respondents unilaterally repudiated the said contract by a letter dated 21st August, 1985 and retained the services of another counsel. Thereupon, the appellants on 24th September, 1985 made a demand for the immediate payment of the balance of the agreed fees (N45,302.00).

The above are the summary of the facts that gave rise to the proceedings leading to this appeal.

The appellants were not satisfied with the orders made by the trial court and appealed to the Court of Appeal, Lagos Division which court dismissed their appeal. They have further appealed to the Supreme Court.