Customer Support

SAVANNAH BANK OF NIGERIA PLC
V.
OPANUBI

(1999) JELR 48258 (CA)

Court of Appeal 25 Oct 1999 Nigeria
BriefBot icon

BriefBot Summary

Free

- The respondent, a legal practitioner, was engaged by the appellant to recover a ₦99 million debt, with an agreed 10% contingency fee; after securing judgment but before actual recovery, the appellant de-briefed the respondent. - The respo

Case Details

Suit Number:CA/L/45/98 (R)
Judges:GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Counsel:Prof. A.B. Kasumu, SAN (with him, O. Oyewunmi and A.B. Kasumu) For Appellant Oladipo Opanubi, a lawyer For Respondent
Other Citations:SBN (Nig.) Plc. v. Opanubi (2000) 2 NWLR (Pt.646), pg. 645 SAVANNAH BANK OF NIGERIA PLC V. OLADIPO OPANUBI

OGUNTADE, JCA (DELIVERING THE LEADING RULING): The respondent had as plaintiff before Adeniji J. at the Lagos High Court sued the appellant applicant on the basis of quantum meruit upon a contract between the parties. By the contract, the respondent, a legal practitioner, was to employ his services to recover from a third party a sum of ₦99m which was owed to the appellant/applicant. The respondent's fee was to be 10% of the amount collected for the appellant/applicant. The facts showed that the respondent had sued and got judgment for the appellant/applicant against the third party. But before the actual recovery of the judgment debt the appellant/applicant de-briefed the respondent, whereupon the respondent sued in contract for quantum meruit.

Adeniji J. refused the claim. But this court in a unanimous judgment delivered 31st May, 1999 allowed the appeal by the respondent and awarded to him the sum of five million naira on the basis of quantum meruit.

The appellant/applicant was dissa…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.