Sterling Bank Plc V. B. Olabode Johnson (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RAPHAEL CHKWE AGBO, J.C.A. (Delivering the Leading Judgment)

The respondent, a legal practitioner had performed certain legal services for the applicant. A dispute had arisen between them regarding the respondent’s fees leading to the respondent’s filing of suit no. LD/1023/2001 at the Lagos State High Court.

In a judgment delivered on 2nd February 2007, the trial court adjudged as follows:

“In conclusion I hold that the claimant claim succeeds and I hereby enter judgment as follows:

(a) That the defendant shall pay to the claimant the sum of USD500,000.00 (Five hundred thousand naira) being the legal fees in respect of professional legal services rendered to the defendant.”

The respondent thereafter levied execution. Between 6th July 2007 and 9th February 2010 the applicant file three applications seeking extension of time to appeal each of which was struck out for one defeat or the other. This application filed on 2/6/10 also seek extension of time to appeal against the judgment delivered on 2nd February 2007.

The application is supported by a twenty-eight paragraph affidavit and two further affidavits. The respondent on the other hand filed a 17 paragraph affidavit.

The parts of the applicant’s affidavit in support of the application are reproduced hereunder:-

Affidavit in Support

“I, EVI CONSTANCE IGBRUDE, Nigerian, Female, Christian of 20, Marina, Lagos do make oath and state as follows:

1. That I am a legal practitioner in the law firm of Ajumogobia & Okeke, counsel to the applicant and by virtue of the schedule of my duties I am conversant with the facts of this case.
2. The facts deposed hereunder are facts within my personal knowledge and facts disclosed to me by Mr. Patrick Osu, counsel charged with the responsibility of conducting this suit, whom I verily believe.

I have the consent of the applicant to depose to this affidavit.

4. In a judgment delivered on the 2nd of February 2007 by Honourable Justice Oyekan-Abdullahi in suit No. LD/1023/2001, the High court of Lagos state, Lagos entered judgment against the defendant in favour of the respondent in the sum of $US500,000.00, a sum which is equivalent to the sum of N60,911,133.40 (sixty Million Nine Hundred and Eleven Thousand, one Hundred and Thirty Three Naira Forty Kobo).
5. I know that Nal Merchant Bank who was the defendant at the court of first instance changed its name to sterling Bank plc sometime in December 2005. Attached herewith and marked as “Exhibit EC1” is a copy of the certificate of Incorporation evidencing the change of name.
6. I am informed by Mr. Patrick Osu aforesaid and I verily believe him that:

(a) Upon returning from court on the 2nd of February 2007, a letter was written by Mr. Kehinde Holloway, an Associate in the firm, to the defendant notifying it of the decision of the court;

(b) Being dissatisfied with the judgment of the court, the defendant responded to our letter instructing our firm to file an appeal against the judgment and take all necessary steps to protect the interest of the bank. Attached herewith and marked “Exhibit EC2” is a copy of the said letter;

(c) Upon receiving the defendant’s instructions, Mr. Patrick Osu Esq. instructed Mr. Kehinde Holloway of counsel to immediately prepare an appeal against the said judgment and also file an application for stay of execution;