OMOKRI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Akwa Ibom State of Nigeria, presided over by Mbaba, J, delivered on the 19th of August, 2004 wherein the court dismissed the application of the appellants for an order setting aside the judgment in favour of the respondent delivered by the court below on the 31st of May, 2004.
The facts of the instant case on appeal are that on or about the 27/6/2001 the appellants engaged the services of the respondent, a legal practitioner, to defend them in Suit No. HU/199/2001: Prince E.S. Etukeye and Ors. v. Prince Paully Ikpong and Ors and also to reconcile the warring factions in 2nd appellant, National Association of Small Scale Industries (NASSI) Akwa Ibom State Chapter. The 1st appellant entered into an agreement with the respondent by executing a Client's Instruction/Agreement form on "behalf of the 2nd appellant, where the respondent's instruction was clearly stated and the fee due t…