Anthony Idehen Ogida V. Jackson Osaze Oliha (1986)

LawGlobal-Hub Lead Judgment Report

KAWU, J.S.C. 

At the conclusion of hearing on the 27th day of November, 1985 I dismissed this appeal and reserved my reasons for the judgment till today. I now give my reasons.

The respondent in this appeal, a legal practitioner, was the plaintiff in an action he institued against the appellant in the Bendel State High Court sitting at Benin City. His Claim as per the writ of summons, reads as follows:

“On or about 17th November, 1969 at Benin City within the Benin Judicial Division the Defendant entered into an Agreement (duly re-affirmed on 24th May 1971) with the plaintiff for the said plaintiff in his capacity as a Solicitor to enter into negotiaion with the Federal Ministry of Works and Housing (Lands Division) Lagos with a view to getting compensation paid for that parcel of land acquired for the Mobile Police buildings at Evbogida Quarters Benin City. On the strength of the said Agreement and a Deed/Power of Attorney executed in respect of the said parcel of land by the defendant in favour of the plaintiff the plaintiff promptly and strenuously negotiated with the said Federal Ministry which later paid the Defendant the sum of 33,004 1s.11d or N66, 008.20 as per New Nigeria Bank Cheque No. 018302 of 9th September, inter alia.

The plaintiff has since presented a formal demand note/bill of charges for his Professional Fees to the defendant as pre-arranged by both parties at 33 1/3% of any sum/compensation paid by the said Federal Ministry to the Defendant and the Solicitor to the Plaintiff also wrote on 30th September 1974 to the Defendant making similar demands for the recovery of the said professional fees. A bill of charges signed personally by the plaintiff was attached to the said letter of demand.

The defendant, despite repeated demands (both written and oral) from the plaintiff has refused to pay to the Plaintiff as professional fees the sum of N22, 002.73 (Twenty-two thousand and two Naira seventy-three kobo) i.e. 33 1/3% of N66008.20 which said sum of N22, 002.73 the plaintiff is now claiming against the defendant.’

DATED at Benin City this 3rd day of July, 1975.

(Sgd.) DANAHA AGIDIGBI

Plaintiff’s Solicitor

Danaha Agidigbi Esq.

75 Akpakpava Street,

Benin City.

Pleadings were filed and exchanged on the order of the court. At the trial both parties gave evidence and called witnesses in support of their respective claims. The learned trial judge meticulously evaluated the evidence adduced by each party and, although he found for the respondent on practically all the contested issues in the case, he nevertheless dismissed his case in its entirety on the ground that the action was incompetent. He concluded his judgment as follows.

The last interesting point raised in this case by the defence was that Exh. A was entered into by the defendant in a representative capacity and consequently it was wrong to have sued him in his ‘personal capacity. Now the commencement of the Agreement Exh. A reads as follows