(2004) JELR 45018 (SC)    

Supreme Court  ·  SC.154/2000 ·  9 Jul 2004 ·  Nigeria
Other Citations
S.B.N. Plc. v. Opanubi (2004) 15 NWLR (Pt.896) 437
S.B.N. Plc. v. Opanubi (2004) 15 NWLR (Pt. 896) 437
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
Core Terms Beta
quantum meruit
bill of charges
icon limited
judgment debt
court of appeal
implied term
legal work
reasonable compensation
federal high court
present case
trial court
basis of quantum meruit
general damages of n2,000,000.00
leading judgment
legal practitioner
professional services
statement of claim
binding contract
existing contract
learned trial judge
actual amount
amount of the judgment
award of interest
balance of n49,399,689.82
breach of his contract
contract of service
defendant respondent
determination of the appeal
different contexts
given period
high court of lagos state
instant case
issue of payment of fee
judgment debt of n99,399,689.82
payment of an agreed sum
pleadings of the parties
present suit
pursuance of the said instructions
reason given
refusal of a particular condition
requirement of the law
respect of the balance n49,394,689.82
said letter
said sum
services of the plaintiff
similar cases
sum of n99,394,682.82
terms of the claim
trial of this suit

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…

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