NWUKE
V.
UNION BANK OF NIG. PLC.

(2009) JELR 51110 (CA)    

Court of Appeal  ·  CA/L/315/05 ·  17 Apr 2009 ·  Nigeria
CORAM
CLARA BATA OGUNBIYI JCA (Presided) ADZIRA GANA MSHELIA JCA (Read the Lead Judgment) REGINA OBIAGELI NWODO JCA
Core Terms Beta
addresses of both counsel
judgment of adebiyi j. of thehigh court
learned trial judge
favour of the respondent
sum of n47,278,263.00
supreme court of nigeria
conclusion of trial
appellant’s counsel
grounds of appeal
statement of claim
recovery of the said sum
respondent’s counsel
lead judgment
appellant
respondent’s letter exhibit
respondent pay
lagos high court
brief background facts
learned trial judge’s findings
professional fees
respondent
respondent letter of instruction
due commission
final payment
pleadings of both parties
uncontroverted evidence of the appellant
appellant’s brief
recovered sum
rio foods supply company
professional endeavours of the appellant
sum of n50,704,280.27
legal practitioner
written contract
exhibit pw2
final liquidation of the whole debt
issue of actual recovery
lagos state
decision a of the lower court
such custom
debtor company
legal commission
plaintiff claims
paragraph
recovery efforts
legal action
paragraphs a-c. appellant’s counsel
counsel
f. appellant’s counsel

MSHELIA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Adebiyi J. of theHigh Court of Lagos State, delivered on 24 September 2004.

The brief background facts leading to this appeal are as follows: the plaintiff, a legal practitioner and solicitor to the Supreme Court of Nigeria (hereinafter referred to as the appellant) was instructed by the defendant, now respondent to demand and recover from Rio Foods Supply Company

Limited the sum of N47,278,263.00 (forty seven million, two hundred and seventy eight thousand, two hundred and sixty three naira) by commencing legal action. The appellant commenced legal proceedings before the Lagos High Court by his writ of summons and statement of claim dated 25 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 6 October 1997, gave judgment in favour of the respondent against the debtor company Rio Foods, in the s…

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