SIMEON OSUJI EKPE, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the judgment of Edem J. delivered at Calabar High Court of Cross River State on the 25th of June, 2001 in suit No. HC/195/2001. In that suit, the Plaintiff claimed in the writ of summons against the Defendant as follow.
"The Plaintiff's claim is for N850, 000.00 (Eight Hundred and Fifty Thousand Naira) being 5% agency/commission fee due and owing to the Plaintiff following a Power of Attorney donated by the defendant to the Plaintiff to sell the defendant's property lying and situate at No. 2 Ibom Layout, off Marian Extension. The Plaintiff as Attorney/Agent of the defendant did fulfil his obligations as demanded of him and the said property was eventually sold in the sum of N17 million during the subsistence of the Power of Attorney.
And the Plaintiff claim (sic) the said sum with 21% interest from 26th March, 2001 until the principal sum is fully liquidated and cost of this action."
The Suit was o…