CaseLaw
Opanubi V. Savannah Bank Plc. (1999) CLR 11© (CA)
Brief
Facts
The plaintiff is a legal practitioner and the defendant a banker. The defendant on 7-1-94 by letter instructed the plaintiff to initiate against Icon Ltd (Merchant Bankers) a winding up petition with a view to the recovery from Icon Ltd of the sum of N50,000.000.00. The plaintiff on 18/1/94 filed a petition for the winding up of Icon Ltd. For some reasons not quite clear the petition was withdrawn shortly after. On 14-3-94 the plaintiff on behalf of the defendant brought a suit at the Lagos High Court for the recovery of the amount owed by Icon Ltd and the interest thereon. Arising from the objection taken to the suit to the effect that the Lagos State High Court had no jurisdiction to entertain the suit it was struck out. On 12-12-94 the plaintiff on behalf of the defendant brought a suit at the Lagos High Court for the recovery of the amount owed by Icon Ltd and the interest thereon. Arising from the objection taken to the suit to the effect that the Lagos State High Court had no jurisdiction to entertain the suit, it was struck out. On 12-12-94 the plaintiff on behalf of the defendant brought a suit at the Federal High Court from the recovery of N99, 394,689.83 owed by Icon Ltd as at 28/4/94 Interest at the rate of 21% per annum from 28/4/94 was also claimed.
On 3-3-95 judgment was given against Icon Ltd for N99, 394.82 and interest thereon at the rate of 21% per annum from 28-4-94. Icon Ltd brought an application for the instalmental liquidation of the judgment debt. The final order made on that application is not relevant in these proceedings. Icon Ltd at first paid 2.5 million Naira: and the plaintiff was paid 10% of that sum as his professional fees by the defendant. Later Icon Ltd paid a further sum of 47.5 million Naira. The defendant declined to pay 4.75 million Naira which would have been plaintiff’s professional fees if the defendant stuck to the 10% arrangement. The plaintiff sued the defendant at the Lagos High Court for 4.75 million Naira. The plaintiff obtained judgment.
The defendant on 23-2-96 by letter, withdrew the brief from the plaintiff. The plaintiff was no longer placed to pursue execution on the balance due from Icon Ltd. Excluding the interest of 21% awarded in the whole of N99, 394,689.82 there was still to be paid by Icon Ltd the sum of N49, 394,689.82. The plaintiff therefore brought his suit claiming his fees at 10% of the said balance of N49, 394.82 on a quantum meruit basis. The lower court dismissed the plaintiffs suit. The plaintiff aggrieved brought this appeal.
Issues
Whether there was an existing contract between the appellant and the...