Homer Properties Limited & Ors v. Ikechukwu Ikogwe, Esq (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the leading judgment)

The respondent, a Legal Practitioner, as plaintiff before the High Court of the Federal Capital Territory, Abuja, in suit No. FCT/HC/CV/2291/2009: Ikechukwu Ikogwe, Esq. v. Homer Properties Limited & Anor.; sued the appellants for the recovery of professional fees for services he rendered to the appellants.

The action was commenced on the undefended list, but upon the appellants making out a defence on the merit, the case was transmitted to the General Cause List and pleadings were then filed and exchanged by the parties.

The respondent claimed the following reliefs in his statement of claim:

Wherefore the plaintiff claims against the defendants, jointly and severally, as follows:

A, i. The sum of N8,927,497.50k (Eight million nine hundred and twenty-seven thousand four hundred and ninety-seven naira fifty Kobo), being the professional fees/bill of charges for notice of rent increase, negotiation of rent Increase, and Legal Documentation of two years Tenancy between the 1st defendant and the Embassy of the Slovak Republic in Nigeria in respect of Plot No. 14, Lord Lugard Street, (Formerly Plot 187, Deeper Life Street), Asokoro, Abuja.

ii. The sum of N1,250,137.50 (One million two hundred and fifty thousand one hundred and thirty-seven naira fifty kobo) being the professional fees/bill of charges for notice of rent increase, negotiation of rent increase and legal documentation of two years tenancy between the 1st defendant and Family Ministries International in respect of Plot 90B, Nelson Mandela Street, Asokoro, Abuja.

iii. The sum of N625,137.50 (Six hundred and twenty-five thousand one hundred and thirty-seven naira fifty Kobo) being the professional fees/bill of charges for notice of rent increase, negotiation of rent Increase and legal documentation of one (1) year Tenancy between the 1st defendant and John Snow Inc. (USAID) in respect of Plot 90A, Nelson Mandela Street, Asokoro, Abuja.

B, i. Ten percent (10%) monthly interest on the total professional fees/remuneration/bill of charges of N10,802,772.50 (Ten million eight hundred and two thousand seven hundred and seventy-two naira Fifty Kobo) from the date of filing this suit until the date of judgment.

ii. Thereafter, ten percent (10%) monthly interest on the total judgment sum from the date of delivery of judgment until the final liquidation thereof.

C. Solicitors fees in the sum of N600,000.00 (Six hundred thousand naira) charged by Erasmus Ogeleka, Esq. for legal representation of the plaintiff in the above suit.

D. Costs of legal proceedings.

The appellants counterclaimed against the respondent for the following reliefs:

Whereof: the defendants/counter-claimants counter-claims against the plaintiff as follows: