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…