FALCOM BENTIL (NIG.) LTD
V.
MANULU

(2001) JELR 50993 (CA)    

Court of Appeal  ·  CA/J/73/97 . ·  3 May 2001 ·  Nigeria
CORAM
ALOMA MARIAM MUKHTAR, JCA (Presided) OLUDADE OLADAPO OBADINA, JCA (Read the Lead Judgment) IFEYINWA CECILIA NZEAKO, JCA
Core Terms Beta
appellants
respondent
trial court
affidavit
defendants
appeal
evidence
2nd appellant
2nd defendant
1st appellant
learned counsel
better affidavit
notice of intention
undefended list procedure
1st defendant
general cause list
grounds of appeal
issue of fraud
civil procedure
learned trial court
further affidavit
issues
plateau state high court
agent of a disclosed principal
lead judgment
only defence of the appellants
support of his claim
support of notice of intention
judgment of the high court of plateau state
purpose of the transaction
respondent’s brief
acts of illegality
close look
leave of this court
legal services
original grounds of appeal
particulars of the said fraud
plaintiff ’s claim
plateau state of nigeria
property no. pl
question of evaluation of evidence
record shows
request of the defendants
respondent’s writ
sum of n136,087.50
true position of the agreement
unpaid balance of professional fee

OBADINA, JCA (Delivering the Lead Judgment) This is an appeal against the judgment of the High Court of Plateau State sitting in Jos , delivered by Dakyen J. on the 24th of July, 1996.

The appellants were defendants before the learned trial court, while the respondent was the plaintiff. The respondent’s writ of summons taken under undefended list procedure, reads as follow:- “The plaintiff ’s claim from the defendants (jointly and severally) the sum of N136,087.50 (One hundred and thirty- six thousand, eighty-seven Naira, fifty Kobo) being the unpaid balance of professional fee for the legal services he rendered to the defendants at the request of the defendants in the areas of documentation and perfection of the Deed of Assignment between the 1st defendant and Mobil Oil (Nig.) Ltd. covering the property No. PL 13525 in Jos, Plateau State of Nigeria, wherein the 2nd defendant acted as an agent to the 1st defendant. The plaintiff also claims from the defendants

(jointly and severally) …

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