CaseLaw
Owena Bank (Nig.) Plc. V. Adedeji (2000) CLR 7(d) (CA)
Brief
Facts
The facts leading to the institution of the action at the court below and which are not in dispute between the parties are thus: the respondent, a legal practitioner was instructed by the appellant to institute legal proceedings for the recovery the sum of N7.55 million from one of its (appellant) customers- Transmission Travel Agency Limited. In compliance, the respondent instituted the said action. Sequel to the filing of the suit, the respondent, at his request, was given N5, 000.00 by the appellant to cover filing fee and incidental expenses. Again, at the request of the respondent, the appellant gave the respondent N50, 000.00 as part of his professional fee. The parties later exchanged correspondence on the issue of fees payable. No agreement was reached. The respondent thereafter wrote a letter to the appellant evidencing an intention to withdraw his appearance for the appellant unless a further sum of N250, 000.00 was paid to him as part of his professional fees. Reacting to the said letter, the appellant wrote to the respondent requesting him to hand over the case file to a named firm of solicitors. The respondent quickly addressed two letters to the appellant demanding payment of N500, 000.00 on quantum meruit for services rendered. It is the failure of the appellant to pay the said sum that led to the bringing of this suit. Pleadings were duly filed and exchanged between the parties. The respondent testified in support of his case but called no other witness. The appellant led no evidence. In a reserved judgement after taking addresses of counsel, the learned trial judge found for the plaintiff/respondent.
Being dissatisfied with the said judgement, the defendant/appellant appealed.