UWAIFO, J.S.C. (Delivering the Leading Judgment): The plaintiff (now respondent), a legal practitioner, was instructed by the defendant (now appellant) to recover from ICON Limited (Merchant Bankers) - hereinafter called the company - its total indebtedness to the defendant. The plaintiff, in pursuance of the said instructions, instituted an action at the Federal High Court on behalf of the defendant against the company for the sum of N99,394,682.82 owed by the company as at 28 April, 1994. Also claimed was interest on the said sum of 21% per annum from 28 April, 1994 until judgment.
On 3 March, 1995, judgment was obtained against the company in terms of the claim. The company paid N50,000,000.00 out of the judgment debt. From the pleadings of the parties in the present suit [para. 15 of statement of claim and para. 10 of the statement of defence] the plaintiff was to be paid 10% of the money actually recovered from the company. The plaintiff got N5,000,000.00 being 10% of the N50,000…