Oil & Gas Export Free Zone Authority V. Dr. T.C. Osanakpo (San) (2009)

LawGlobal-Hub Lead Judgment Report

EJEMBI EKO, J.C.A.

This is an appeal filed by the Defendant/Appellant against the decision of the Rivers State High court (per Hon Justice S.O Iragunima) entered on 19th July 2005 in favour of the Plaintiff/Respondent in the sum of N21, 000,000.00 being legal fees owed the Plaintiff/Respondent by the Defendant/Appellant. The Plaintiff/Respondent, by the writ of summons on the undefended list taken out on 28th April 2005, claimed against the Defendant/Appellant for –

i. The sum of N18, 000,000 00 (Eighteen Million Naira) which represent unpaid legal Fees owed by the Defendant to the Plaintiff from instructions of the Defendant contained in the letter dated April 30th, 2003 in respect of the contract for infrastructure at the Defendant’s heliport project at Onne.

ii. The sum of N13, 000,000,00 [Three Million Naira] being the balance of legal fees owed the Plaintiff from the Defendant’s instruction contained in another letter dated April 3oth, 2003 to act as the legal consultants in respect of the Build, Operate and Transfer (BOT) Agreement of the Defendant’s Heliport Project at Onne.

iii. 10% interest on the judgment sum from date of judgment until the judgment is fully liquidated.

On the application of the Plaintiff/Respondent on 31.5.2005 the suit was placed on the undefended list for hearing. Upon being served the Defendant/Appellant applied by motion on notice for extension of time lo file their notice of Intention to defend. In the affidavit in support of the notice of Intention to defend the Defendant/Appellant raised the following defences

i. that the Rivers State High Court lacked jurisdiction over the matter;

ii. that the Plaintiff/Respondents legal fee was subject to negotiation and discoing and

iii. that the project for which the Plaintiff/Respondent rendered legal services to the Defendant/Appellant had not been concluded.

The trial court on 14/6/2005 heard and granted the application for extension of time their notice of intention to defend. On the same 14/6/2005 the trial court took notice of intention to defend. The matter was further adjourned to 30/6/2005 for Defendant/Appellant counsel to reply on points on law, which he did. The trial court on 19/7/2005 dismissed the Defendant/Appellant’s preliminary objection as misconceived and held that the notice of intention to defend did not disclose defence on the merits. Thereafter, judgment was entered for the Plaintiff/Respondent as follows –

a. Judgment is therefore entered for the Plaintiff against the Defendant in the total sum of N21, 000,000.00 Twenty one million Naira being legal fees owed the Plaintiff by the Defendant from instructions of the Defendant contained in two letters. Both dated 30/4/2003.

b. Defendant/Appellant interest on the said rate of 3% from the date of judgment until the judgment debt is liquidated.

c. Cost of N5, 000.00 (Five Thousand Naira) was also awarded in favour of the Plaintiff/Respondent.

Aggrieved, the Defendant/Appellant on 13/10/2005 filed the notice of appeal on three grounds of appeal. The grounds shorn of their particulars are –