Oladoyin Awoyale, Esq (Trading Under The Name And Style Of Doyin Awoyale & Co) v. Dekit Quarries Limited (Under The Receivership Of Messrs Adeniyi Mohammed Uthman) (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BINTA FATIMA ZUBAIRU, JCA (Delivering the leading judgment)

This appeal is against the ruling of the High Court of Justice, Oyo State, sitting at Ibadan, delivered by Honorable Justice K. B. Olawoyin on the 24th day of January, 2020, in suit No: I/244/2019, wherein ruling was in favor of the respondent against the appellant. Being dissatisfied with the decision, the appellant filed an amended notice of appeal on the 5th day of July, 2023, in which the appellant set out five (5) grounds of appeal.

The brief facts of the case leading to this appeal can be briefly summarized thusly: The appellant was the claimant while the respondent was the defendant at the trial court, the dispute between the appellant and the respondent was on recovery of the appellants professional and filing fees from the respondent.

The appellants claim was that the respondent who entered into receivership was sued at the Federal High Court, Ibadan Judicial Division in suit No: FHC/IB/CS/57/2016 by Asset Management Corporation of Nigeria (AMCON) and Adeniyi Mohammed Uthman sometimes in May, 2016.

Asset Management Corporation of Nigeria (AMCON) and Adeniyi Mohammed Uthman claimed the total sum of N1,113,491,357.81k (One Billion, One Hundred and Thirteen Million, Four Hundred and Ninety One Thousand, Three Hundred and Fifty Seven Naira, Eighty One Kobo) from the respondent being the outstanding balance as at 31st March, 2016 of the principal sum and accrued interest of various credits facilities granted by Unity Bank Plc and First Bank Plc, respectively to the defendant which were guaranteed by late Architect Dele Olagunju, which AMCON alleged was not to repaid by the defendant.

Sequel to the above, the respondent approached the claimant with suit No: FHC/IB/CS/57/2016 and sought the legal services of the appellant in defense of the suit. The appellant claimed that his firm filed responses to all the processes file by Asset Management Corporation of Nigeria (AMCON) against the respondent in suit No: FHC/IB/CS/57/2016, including a notice of change of counsel, notice of preliminary objection, counter-affidavit to originating summons, counter-affidavit to the motion for interlocutory injunction for extension of time, motion on notice to set aside order of court earlier obtained against the respondent in suit No: FHC/IB/CS/57/2016.

Furthermore, the appellant claimed that during the briefing, he billed the respondent the sum of N 55,600,000.00K (Fifty Five Million, Six Hundred Thousand Naira) as his professional fee for representing the respondent, which the respondent has refused to pay.

It was on that ground that the appellant commenced an action against the respondent by writ of summons accompanied with statement of claim, witness statement on oath, list of witnesses and list of documents to be relied on all filed on the 27th day of February, 2019.

In addition to the originating processes, the appellant also filed a motion on notice dated 25th day of February, 2019 but filed 27th day of February, 2019 pursuant to order 11 rule 1 and order 39 rule 1 of the Oyo State High Court (Civil Procedure) Rules 2008 praying for the grant the of the following orders:-

a. An order of this honorable court entering summary judgment against the defendants/respondents (sic) in favors of the claimant/applicant in the sum of N55,600,000.00K (Fifty-five Million, Six Hundred Thousand Naira), for legal services rendered in suit No. PHC/IB/C5/57/2016.

b. Cost of action assessed at N10,000,000.00 (Ten Million Naira only).

c. And for such further orders as this honorable court may deem fit to make in the circumstances.

The above motion on notice is the subject of contention in this appeal.

The respondent equally joined issues with the appellant by filing a counter-affidavit dated and filed on 17th day of April, 2019 in response to the appellants motion on notice, the respondent also filed statement of defense and counter-claim on 17th day of April, 2019.