Galba Limited V. Obinna Okoro (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment)

The claim of this Respondent, as the plaintiff endorsed on the writ against the Appellant was as follows:-

“1. The sum of N10,193,114.76 (Ten Million One Hundred and Ninety Three Thousand, One Hundred and Fourteen Naira, Seventy Six Kobo) being professional fee due from the Defendant to the plaintiff as at September 19,2002, which the Defendant has failed to pay inspite of repeated demands.

2. Interest on the said N10,193,114.76 at the rate of 21% per annum from September 19, 2002 till the day of judgment and thereafter at the rate of 10% per annum until the debt is liquidated.”

The claim, originally brought on the Undefended List, was transferred to and heard on the general cause list. The parties, by consent, did not file formal pleadings as such. They called evidence on their various affidavits, which were materially in conflict. The Respondent, the plaintiff, called three witnesses. The appellant, as the defendant, also called three witnesses. A number of documents, totaling about 30 in all were tendered in evidence. Thereafter, the parties through their respective counsel filed and exchanged written submissions. In his resersed judgment delivered on 25th April, 2005, the court below (coram: W. A. Chechey, J.) held that on the balance of probabilities the plaintiff, the respondent now, had established his claim and was entitled to judgment as follows:-

“1. The sum of N2,982,422.57 being professional fees for services rendered to the defendant, the appellant as at 19th September, 2002.

2. Interest on the said N2,982,422.57 at the rate of 10% per annum from 19th September, 2002 to the date of judgment i.e. 25th April, 2005. That is N836,818.68 plus the sum of N2,982,422.57. The total judgment sum of N3,819,241.25.
3. Post judgment interest at 10% per annum on the judgment sum of N3,819,241.25 until paid up.”

Aggrieved by the judgment, the defendant, as the appellant, filed his appeal on 13th May, 2005. The Notice of Appeal, at pages 238 – 240 of the Record, has three grounds of appeal. The grounds, shorn of the particulars, are as follows:-

GROUND ONE

The court erred in law when it held that the plaintiff has satisfactorily proved and is therefore entitled to judgment in the sum of N2,982,422.57 (Two Million, Nine Hundred and Eight-Two Thousand, Four Hundred and Twenty-Two Naira, Fifty Seven Kobo as professional fees.

GROUND TWO

The court fell into error when it made a finding on an issue that was not canvassed before it by either of the litigants to wit: that the plaintiff recovered N14,912,112.10 from Eko Bank and Diamond Bank and therefore entitled to 20% thereof as fee.

GROUND THREE

The judgment of the trial court or as against the overlight of evidence.

The parties exchanged briefs of argument. In the appellant’s brief of argument filed on 22nd May, 2007 but deemed filed on 17th September, 2007 two issues for determination have been formulated from the three grounds of appeal. The issues are:-

3.1.1 Whether the learned trial judge was correct in holding that there was sufficient connection between the work of the Respondent and the refunds made by the Banks.