CaseLaw
Oyekanmi V. NEPA (2000) CLR 12(j) (SC)
Judgement delivered on December 8th 2000
Brief
Facts
The appellant is a legal practitioner. He was briefed by the respondent to defend a claim of N3,270,400.00 brought against it in suit No. KWS/227/84 by Paul Okedare and another (for themselves and on behalf of Okedare family) at the High Court, Ilorin in Kwara State. It is in respect of land acquired by the respondent in which compensation for crops thereon was sought. The appellant successfully defended the action which was dismissed in a judgment delivered by Hon. Justice T.A. Oyeyipo, Chief Judge of Kwara State, on 26 May, 1988.
The Bill of Charges
The appellant thereafter served a bill of charges (which he referred to as bill of costs) on the respondent dated 9 June, 1988. I reproduce the said bill as follows: SUIT NO KWS/223/84 P. OKEDARE & ORS v. NATIONAL ELECTRIC POWER AUTHORITY We are pleased to formally inform you that the above suit in which we defended your Authority had been concluded and judgment delivered on the 26th May 1988 by the presiding Judge Mr. Justice T.A. Oyeyipo - Chief Judge of Kwara State. In the judgment the plaintiffs' claim against your Authority for the sum of N3,270,400.00 (Three million two hundred and seventy thousand four hundred naira) was dismissed and N200.00 (Two hundred naira) cost awarded in favour of your Authority. We have thus by our professional expertise (sic), resourcefulness (sic) and diligence saved your Authority the said sum which the plaintiffs would have otherwise looted from the treasury all in the name of judicial process.
Pursuant to your Authority's letters of instructions Ref. DLL/CF.389/84/561 of 31st December 1984 and DLL/CF.339/85/018 of 21st January 1985 respectively and our's (sic} of acceptance dated 3rd January 1985 and (sic) hereunder submit our Bill for the professional fees and expenses for settlement forthwith.
Nature of Brief – Litigation
Subject Matter - Defending a claim for N3,270.000.00
Client - National Electric Power Authority (Defendant)
(Four Hundred and Seventy Six Thousand, Two Hundred & forty three Naira, twenty kobo Only)
We will appreciate your efforts to make your Authority's cheque for the sum of N476.243.20 available within the next TEN DAYS for collection by any member of the Chambers duly authorised in writing.
The bill was not settled- The appellant consequently brought this action on 29 August, 1988, well after one month after the bill was delivered, claiming the sum of N465,060.10 and 15.7% p.a. interest on the said sum from 10 July, 1988. At the hearing, the bill of charges was admitted as Exhibit J.
In his judgment delivered on 20 July, 1989, the learned trial Judge (Abiodun Alao, J) awarded N200,000.00 to the appellant.
However, the court noted that the item claimed as professional fees did not contain the details or the particulars of work done. This issue which was not pleaded by the parties and some English authorities on solicitors' fees were raised or discussed by the trial court suo motu. The parties were not invited to address the court on them.
Dissatisfied with the judgment, both parties appealed and cross-appealed respectively to the Court of Appeal which allowed the while the cross-appeal was dismissed on the ground that the bill of charges was insufficient to lend itself to fair and reasonable assessment.
Aggrieved, appellant appealed to the Supreme Court.