(2022) JELR 109131 (CA)    
Court of Appeal  ·  CA/L/428/2001 ·  14 Jan 2022 ·  Nigeria
Joseph Shagbaor Ikyegh, JCA Obietonbara Owupele Daniel-Kalio, JCA Muhammad Ibrahim Sirajo, JCA
Core Terms Beta
notice of appeal
1st respondent
honourable court
1st defendant
enlargement of time
3rd respondents
court of appeal rules
hearing of the appeal
lower court
muhammad ibrahim sirajo
such further order
1st defendant’s letter
abuse of process of court
appellant’s instruction
basis of the original notice of appeal
breach of the said agreement
briefs of argument
case files
entertaining arguments
federal high court lagos
following reliefs
following statement
forty-six thousand naira
grant of leave
hearing notice
lead counsel
notices of appeal
original notice of appeal
plaintiff’s acceptance letter
quantum meruit
reply brief
ruling of egbo-egbo
said counsel bayo omisore esq
services of the appellant
statement of claim
strenuous efforts
such additional papers
sum of n10
support of this motion
virtue of their failure

MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Egbo-Egbo, J., sitting at the Federal High Court Lagos, delivered on 25/06/2001 in Suit No. FHC/L/786/98. Before that Court, the 1st Respondent as plaintiff, instituted a suit against the Appellant and the 2nd and 3rd Respondents, as Defendants. By his Statement of Claim dated 12/10/1998, the plaintiff claimed the following reliefs against the Defendants:

a. A declaration that the agreement contained in the 1st defendant’s letter of instruction dated 2nd of November, 1993 and the plaintiff’s acceptance letter of the 3rd of November, 1993 is binding on the defendants.

b. A declaration that the defendants are in breach of the said agreement by virtue of their failure and/or refusal to pay the plaintiff the sums due to him as expenses and recovery commission in this matter.

c. The sum of N10 million (Ten Million Naira) being special and general damages for wrongful termination of the p…

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