Akinlolu Omoyinmi V. A. O. Ogunsiji & Anor. (2007)

LawGlobal-Hub Lead Judgment Report

ALFRED P. E. AWALA, J.C.A.

The Appellant was the plaintiff at the trial court – the High court of Justice of Ogun State. He is a legal practitioner and sued the respondents who are also legal practitioners together with five other nominal defendants claiming as follows:-

“A declaration that the Plaintiff is entitled to commission at 10% of the compensation money (N2,375,000.00) paid to the defendants in respect of the land acquired for the Federal Advance Teachers College at Osiele near Abeokuta on the ground that the said Commission is secured:-

(a) by an agreement by way of authority dated 7/1/81 under the hand of the 1st defendant.

(b) A power of attorney dated 24/4/82 donated under the hand of 3rd to 7th Defendants.

Alternatively a declaration that the Plaintiff has a lien or charge on the said compensation money for the amount of the plaintiffs commission and that so far as it is necessary the 1st and 2nd Defendants are trustees of the money each of them received on that ground.

2. An order for payment to the plaintiff of the sum of N375,000.00 representing the said Commission being 10% of N2,375,000.00.

Alternatively, an order for any other relief or remuneration based upon a quantum meruit.

3. Interest on the said Commission at the 10% per annum from the date of judgment until payment to the plaintiff.

Pleadings were settled and hearing began on 13/6/05 ending on 19/9/85 and parties learned counsel addressed the court with the 2nd defendant doing so in person on 8/10/85. In the end the plaintiffs claims were dismissed as unproved.

Dissatisfied he appealed here formulating eight grounds of Appeal in his Amended Notice of Appeal dated 11/4/2000, and pursuant to the Rules of this court parties counsel filed and exchanged their respective briefs of argument namely Appellant’s, 2nd Respondent’s and Reply briefs only. The 1st and 3rd Respondents did not file briefs inspite the fact they were duly served with the Notice of Appeal and Hearing Notices. Meanwhile the names of 4th to 7th Respondents who were reported dead had ceased to parties in the appeal.

On 6/2/07 the appeal was heard following an earlier order by this court on 6/6/06 to hear the appeal on the available briefs as stated above.

The Appellant in person and the counsel for the 2nd Respondent adopted and relied on their respective briefs of arguments. The Appellant raised four issues while the 2nd Respondent distilled fifteen out of the said eight grounds of appeal.

The four issues couched by the Appellant read:-

1) “Whether having regard to the pleadings, the evidence, and the admissions of counsel and the findings of the court the Plaintiff failed to prove his claim.

2) Whether the contract made irrevocable which the plaintiff had executed was validly revoked and Defendants’ liability thereby extinguished.