OGUNBIYI JSC (Delivering the Lead Judgment): By a writ of summons filed on 15 June 2000 and issued on 18 July 2000, the appellant, a private legal practitioner initially sued all the three respondents jointly and severally for a liquidated sum of money in settlement of his professional fees and agreed commission for services duly rendered at the instance of the appellant/respondent for the benefit of all the respondents. It was specifically pleaded in the statement of claim that the 1st respondent (now before us as the only respondent to be so designated), had withheld the said fees/commission.
It is the appellant‘s contention that the writ of summons and statement of claim were duly served on the respondents in July 2000 and that for over 18 months thereafter, the later failed or refused to file their joint or several defence, though they and their counsel occasionally attended or appeared in court. In further contention, the appellant alleged that he subsequently filed a motion for…