OGBUINYA JCA (Delivering the Lead Judgment): This appeal queries the correctness of the decision of the Federal High Court, sitting in Makurdi (hereinafter referred to as “the lower court”), coram judice: Abimbola Osarugue Obaseki J., in suit No: FHC/MKD/CS/13/2008, delivered on 7 April 2011. The appellant and the respondent were the respective defendant and the plaintiff before the lower court.
The facts of the case, which gave birth to the appeal, are submissive to brevity and easy appreciation. Sometime in October 1996, the appellant, sequel to a previous negotiation/discussion between the parties, appointed the respondent, vide a letter dated 14 October 1996, as a debt recovery consultant in respect of debt owed it by the Nigerian National Petroleum Corporation (NNPC, for short). It was agreed that the respondent was entitled to 15% commission on the recovered debts. In keeping with the agreement, the respondent swung into action and recovered some sums of money for the appell…