Alhaji Aliyu Abubakar V. Lawrence E. Manulu (1998)

LawGlobal-Hub Lead Judgment Report

OGUNTADE, J.C.A.

The respondent in this application was the plaintiff in an action brought under the undefended list procedure at the Jos High Court. As plaintiff he claimed against the present applicant (as the defendant) the sum of N314,356.26 being the outstanding balance of professional fee for legal services rendered to the applicant. On 23/2/96, judgment was entered in favour of the respondent for the said sum of N314,356.26.

An application by the applicant that the said judgment be set aside filed on 23/7/96 was refused. The applicant filed a notice of appeal against the ruling of the lower court dated 23/7/96.

He raised the following grounds of appeal;

“(1) The decision is against the weight of evidence.

(2) The learned trial Judge erred in law in relying on Exhibits A and B in the further and better affidavit in arriving at his decision.

PARTICULARS OF ERROR

(a) The court stated thus:

“To my kind (sic) Exhibits A, B and C in accompanying the plaintiff’s affidavit and also Exhibits A and B in support of the further and better affidavit are glaring and have made a good case in favour of the plaintiff.”

(b) The further and better affidavit filed by the plaintiff after receiving service of the notice of intention to defend is not permissible under the undefended list procedure

(3) The learned trial Judge erred in law in refusing to transfer this case to the general cause list when triable issues have been raised.

PARTICULARS OF ERROR

(a) The plaintiff stated that he negotiated his bill with the defendant.

(b) The defendant confirmed the negotiations and that both parties agreed on a fee of N400.000.00 which he paid.