First City Monument Bank Plc V. Barrister Dolly Akanimo (2007)

LawGlobal-Hub Lead Judgment Report

ISA AYO SALAMI, J. C. A. OFR

The plaintiff instituted two separate actions against the defendants by, in respect of each suit, taking out a writ of summons and filing a statement of claim dated on the same day, 21st October 1993. The two suits LD/3200/93 and LD/3201/93 were subsequently consolidated in suit LD/3200/93 by an order of the trial court given on 10th October, 1994.

In the consolidated amended statement of claim dated 29th September, 1994 the plaintiff who incidentally is a legal practitioner claimed against the defendants for his professional fees in the trial court as follows-

“WHEREUPON the plaintiff claims:

1(a) The sum of 374, 175.54 (three Hundred and seventy-four thousand one hundred and seventy-five Naira fifty-four kobo in the paragraphs 1 (a) (i) – (v) herein; being the bill of cost for professional services rendered by the plaintiff to the 1st defendant at the 1st defendant’s instructions (in respect of a N=3.6 million (three million six hundred thousand naira) assignment of 2nd floor, Akuro House 24, Campbell Street, Lagos in favour of the defendants with interest at the rate of 43% effective 20/7/93 till 31/12/93 and thereafter interest at the rate of 21 % till the full amount is liquidated.

(i) cost of negotiating the purchase of the N=3.6 million property known as 2nd Floor, Akuro House, 24 Campbell Street, Lagos on behalf of the defendants -N=100,950.54 (One hundred thousand, nine hundred and fifty naira, fifty four kobo.

(ii) cost of preparing a N=3.6 million assignment on the said property – N=270,225.00 (two hundred and seventy thousand two hundred and twenty five naira) as premised on scale I paragraphs 3, Legal Practitioners Remuneration For Legal Documentation add Other Land matters) Order, 1991

(iii) cost of conducting legal search of Lands Registry, Lagos in respect of the property N2,000.00.

(iv) cost of conducting legal search at Corporate Affairs Commission, Abuja in respect of the property – N=5,000.00.

(v) legal opinion – N= I000.00

SUBTOTAL N=374,175.54

(b) A mandatory Order that the fees of N=100, 950.54 as premised under the enabling Law is mandatory on the defendants to settle

(c) A mandatory order that the fees of N=270,225.00 less the N=5000 as premised under the enabling law is mandatory on the defendants to settle.

(d) A mandatory order that the fees in paragraph a – (iii), (iv) and (v) above are fair and reasonable in the circumstance hence the defendants are obliged to pay them OR