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CaseLaw

Nworah & Sons V. Akputa (2010) CLR 3(a) (SC)

Judgement delivered on March 5th 2010

Brief

  • Liquidated sum or damages
  • Rules of court
  • Undefended list proceedings

Facts

This is an appeal against the judgment delivered by the Court of Appeal, Enugu Division (Court below for short) on 19th June, 2006 in respect of an appeal and cross appeal by the parties against the judgment of Ozoemena, J., of the High Court of Justice, Enugu delivered on 19th April, 2004.

The case of the trial Court was a suit filed in the undefended list by the Respondent as plaintiff thereat. He claimed the sum of N7,555,000.00 against the Appellant as professional fees for services allegedly rendered for the benefit of the Defendant -Appellant herein.

Upon being served with the writ of summons, the Defendant filed a notice of preliminary objection challenging the locus standi of the Plaintiff to institute and maintain the action. The trial Judge was addressed by Counsel on the preliminary objection and application for judgment under the undefended list. In his judgment handed out on 19th April, 2004 he dismissed the preliminary objection. As a follow up, he granted in part the Plaintiffs application under the undefended list by awarding him N800,000.00 with 2% interest out of the N7,555,000.00 as he felt that 'the fees to be paid must be reasonable in the circumstances.'

Both parties felt unhappy with the stance posed by the trial Judge. The Defendant appealed and the Plaintiff, as well cross-appealed to the Court below. On 19th June, 2006, the Court below dismissed the Appellant's appeal and allowed the Respondent's cross-appeal. The Court below awarded the Respondent the sum of N6,750,000.00 with 3% interest being the remainder or part of the cross - Appellant's claim at the trial Court which was not granted thereat.

The Appellant felt irked with the decision of the Court below and has appealed to this Court.

Issues

  • 1.
    Whether, in all the circumstances of this case the suit filed by the...
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