UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Edo State in Suit No. B/442/98 between PETER O. OGBEBOR v. MR. KESSINGTON EGBOR, JP and ESKOL PAINT NIGERIA LIMITED delivered on 5th November 2003.
The facts of the case are not convoluted. The Appellants were the Plaintiffs in an action in Suit No. B/63/90 with Union Bank PLC as the Defendant. Their case is that they secured the services of the Respondent herein to give expert testimony on their behalf in the said action and for which they agreed to pay the Respondent the sum of N100,000.00. The Respondent however makes the case that the instructions given to him was to recover the debt which Union Bank owed the Appellants and for which it was agreed that he would be paid 15% of the amount recovered based on the Scale of Professional Fees issued by the Institute of Chartered Accountants of Nigeria. Union Bank PLC eventually paid the Appellants the sum of N6…