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BANK OF INDUSTRY LTD
V.
EBENEZER OBEYA

(2021) JELR 109995 (SC)

Supreme Court 7 Dec 2021 Nigeria
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- The respondent, a legal practitioner, sued the appellant, a Federal Government development finance institution, before the High Court of the Federal Capital Territory under the undefended list procedure for unpaid professional fees of N55

Case Details

Suit Number:SC/CV/669/2020
Judges:MUSA DATTIJO MUHAMMAD, J.S.C (Presided) CHIMA CENTUS NWEZE, J.S.C UWANI MUSA ABBA AJI, J.S.C HELEN MORONKEJI OGUNWUMIJU, J.S.C(Read the Leading Judgment) ADAMU JAURO, J.S.C
Counsel:Aliyu Sarki, SAN (with him, Sunday Adeagbo, Esq.; AfolabiOmotosho, Esq.; A. M. A. Adejumobi, Esq.; D. Y. Sumaila,Esq.; Abdullahi Halima, Esq.) - for the Appellant Chuks Udo-Kalu, Esq. (with him, Obuma Obasi Nwankwo,Esq.) - for the Respondent

OGUNWUMIJU, J.S.C. (DELIVERING THE LEADING JUDGEMENT):This is an appeal against the judgment of the Court of Appeal, Abuja Division delivered 14th August 2020 Coram: Peter OlabisiIge, Emmanuel Akomaye Agim, Yargatar Byenchi Nimpar (JJCA)which set aside the decision of the High Court of the Federal Capital Territory delivered 16th November, 2017 by Hon. Justice S. B. Belgore.

The respondent as plaintiff at trial is a legal practitioner while the appellant is a development finance institution substantially owned by the Federal Government. The respondent commenced this suit by a writ of summons under the undefended list against the appellant. His claims against the appellant are as follows:

(a) The sum of N55,245,625.00 (Fifty-five million, two hundred and forty-five thousand, six hundred and twenty-five Naira only) representing half of the sum in the invoice dated 10th March, 2016 being balance of professional fees due to plaintiff under Part 1 of the Schedule to the Legal Practitioners (…

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