ADZIRA GANA MSHELIA, J.C.A, (Delivering the Leading Judgment): This is an appeal against the judgment of Adebiyi, J. of the Lagos High Court delivered on the 24th of September, 2004.
The brief background facts leading to this appeal are as follows:-
The Plaintiff a legal practitioner and solicitor of the Supreme Court of Nigeria (hereinafter) referred to as the appellant was instructed by the defendant now respondent to demand and recover from Rio Food Supply Company Limited the sum of N47,278,263.00 by commencing legal action. The appellant commenced legal proceedings before the Lagos High Court by his writ of summons and statement of claim dated 25th day of September 2001 for the recovery of the said sum owed the respondent by the debtor company. At the conclusion of trial the Lagos High Court Coram Segun, J. on the 6th day of October, 1997, gave judgment in favour of the Respondent against the debtor company Rio Foods, in the sum of N50,704,280.27 in addition to a 21% interest from…