n Compulaw - 1st Indigenous Digital Law Library
Disable Preloader

CaseLaw

Savannah Bank V. Opanubi (2004) CLR 7(c) (SC)

Judgement delivered on July 9th 2004

Brief

  • Implied terms
  • Remedies for breach of contract
  • Quantum meruit
  • Claim for professional services

Facts

The plaintiff (now Respondent), a legal practitioner, was instructed by the Defendant (now Appellant) to recover from ICON Limited (Merchant Bankers) - hereinafter called the company - its total indebtedness to the Defendant. The Plaintiff, in pursuance of the said instructions, instituted an action at the Federal High Court on behalf of the Defendant against the company for the sum of N99,394,689.82 owed by the company as at 28 April, 1994. Also claimed was interest on the said sum of 21% per annum from 28 April, 1994 until judgment.

On 3 March 1995 Judgment was obtained against the company in terms of the claim. The company paid N50,000,000.00 out of the judgment debt. From the pleadings of the parties in the present suit [para. 15 of statement of claim and para. 10 of the statement of defence] the Plaintiff was to be paid 10% of the money actually recovered from the company. The Plaintiff got N5,000,000.00 being 10% of the N50,000,000.00. Thereafter the Defendant by letter dated 23 February, 1996, withdrew its brief from the Plaintiff. As a result, the Plaintiff brought this action.

The Plaintiff claimed the following reliefs:

  • 1
    The sum of N7,545,401.50 being the Plaintiff's fees on quantum meruit, for legal work rendered by the Plaintiff, on the instructions of the Defendant, up to judgment:
  • a
    On the claim of N49,394,689.82 being the balance outstanding on the Judgment debt of N99,394,689.82 against ICON Limited (Merchant Bankers) in favour of the Defendant;and
  • b
    On the award of interest on the said sum of N99,394,689.82 at the rate of 21% per annum from 28th April, 1994 up to 8th March, 1996 when the brief was withdrawn from the Plaintiff by the Defendant.
  • 2
    Interest on the sum of N7,545,401.50 at the rate of 21% per annum from the 1st day of May, 1996 until final liquidation of the judgment debt.
  • 3
    General damages of N2,000,000.00."

    • On 14/11/97, the trial Court dismissed the action. The Plaintiff then appealed to the Court of Appeal, Lagos Division, which reversed the learned trial Judge's decision.

    Finally, the Court allowed the appeal and awarded the Plaintiff/Appellant the sum of five million Naira.

    Being dissatisfied with that decision, the Defendant (now Appellant) appealed to the Supreme Court.

    Being dissatisfied with that decision, the Defendant (now Appellant) appealed to the Supreme Court.

Issues

  • 1
    Whether having regard to the evidence at the trial Court and decision of...

Read More