Alhaji O. A. Oyekanmi V. National Electric Power Authority (2000)
LAWGLOBAL HUB Lead Judgment Report
UWAIFO, J.S.C.
The relevant facts bearing on this appeal from a judgment of the Court of Appeal, Ibadan Division, given on 14 April, 1992, can be stated with much brevity. It is unnecessary to go to full details, much of which I consider irrelevant. That will make it fairly easy to deal with the issues arising from the appeal. The issues raise important questions about a legal practitioner’s bill of charges prior to an action to recover the same.
The appellant is a legal practitioner. He was briefed by the respondent to defend a claim of N3,270,400.00 brought against it in suit No. KWS/227/84 by Paul Okedare and another (for themselves and on behalf of Okedare family) at the High Court, Ilorin in Kwara State. It is in respect of land acquired by the respondent in which compensation for crops thereon was sought. The appellant successfully defended the action which was dismissed in a judgment delivered by Hon. Justice T.A. Oyeyipo, Chief Judge of Kwara State, on 26 May, 1988.
The Bill of Charges
The appellant thereafter served a bill of charges (which he referred to as bill of costs) on the respondent dated 9 June, 1988. I reproduce the said bill as follows: SUIT NO KWS/223/84
P. OKEDARE & ORS v. NATIONAL ELECTRIC POWER AUTHORITY
We are pleased to formally inform you that the above suit in which we defended your Authority had been concluded and judgment delivered on the 26th May 1988 by the presiding Judge Mr. Justice T.A. Oyeyipo – Chief Judge of Kwara State. In the judgment the plaintiffs’ claim against your Authority for the sum of N3,270,400.00 (Three million two hundred and seventy thousand four hundred naira) was dismissed and N200.00 (Two hundred naira) cost awarded in favour of your Authority. We have thus by our professional expertee (sic), resource fullness (sic) and diligence saved your Authority the said sum which the plaintiffs would have otherwise looted from the treasury all in the name of judicial process.
Pursuant to your Authority’s letters of instructions Ref. DLL/CF.389/84/561 of 31st December 1984 and DLL/CF.399/85/018 of 21st January 1985 respectively and our’s (sic) of acceptance dated 3rd January 1985 and (sic) hereunder submit our Bill for the professional fees and expenses for settlement forthwith.
Nature of Brief – Litigation
Subject Matter – Defending a claim for N3,270.000.00
Client – National Electric Power Authority
(Defendant)
- Towards Professional Fees all stages N495,060.00
- Transport Charges N7,500.00
- Expenses filing process witness
(official receipts attached) N1,182.60
- Sundry expenses on witnesses,
investigation etc. N2,500.00
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