J.A. FABIYI, J.S.C.: (Delivering the leading Judgment): This is an appeal against the judgment delivered by the court of Appeal, Enugu Division (court below for short) on 19th June, 2006 in respect of an appeal and cross appeal by the parties against the judgment of Ozoemena, J. of the High Court of Justice, Enugu delivered on 19th April, 2004.
The case at the trial court was a suit filed in the undefended list by the respondent as plaintiff thereat. He claimed the sum of =N=7, 555,000:00 against the appellant as professional fees for services allegedly rendered for the benefit of the defendant - appellant herein.
Upon being served with the writ of summons, the defendant filed a notice of preliminary objection challenging the locus standi of the plaintiff to institute and maintain the action. The trial judge was addressed by counsel on the preliminary objection and application for judgment under the undefended list. In his judgment handed out on 19th April, 2004, he dismissed the prel…