JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal arose from a decision of the Federal High Court of Justice sitting in Lagos (the court below) refusing the motion brought by the appellant to direct the Official Receiver/Provisional Liquidator to protect the assets of the respondent pending the determination of the winding up petition filed by the appellant to liquidate the respondent.
Sketchily stated, the appellant, a Senior Advocate of Nigeria (SAN), was at all material times an external solicitor of the respondent. In the course of the retainership, the respondent who was experiencing chronic financial instability accumulated debts of N18 million from the legal services rendered her by the appellant. Concerted effort was made by the appellant to recover the debt. It yielded no positive result, as the respondent's liquidity had dried up.
Sensing the respondent was cash strapped and could not discharge the admitted indebtedness, the appellant, as a credito…