Sterling Bank PLC V. P. A. Oyoyo (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the High Court of Kano State in Suit No K/327/11 delivered by Honorable Justice Abdullahi Mahmoud Bayero on the 23rd of October, 2012. The Respondent, as plaintiff, commenced the action in the lower Court against the Appellant, as defendant and his claims were for:

i. 10% full professional fee of the judgment sum of N8,758,750.00k which amounts to N875,875.00k

ii. The sum of N5 Million being general damages for the series of inconveniences, negotiations, expenses incurred by the plaintiff and occasioned by the defendant in pursuance of this claim and for breach of contract.

iii. Interest on the sums aforementioned at Court rate interest of 10% from the date of judgment till the judgment sum is fully liquidated.

iv. The sum of N500,000.00 being plaintiff’s Solicitors professional fee for prosecuting this action.

v. Cost of filing this action.

The Respondent filed a statement of claim containing averments of facts of twenty four paragraphs in support of the claims and this was accompanied by the

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written deposition of the Respondent on oath, list of documents to be relied on at trial and copies of the documents. The Respondent also filed two additional depositions on oath. The Appellant did not file a statement of defence, but it was represented by Counsel at the lower Court. Counsel to the Respondent informed the lower Court that they were desirous of settling the matter amicably and consequent on which the matter was adjourned on a number of occasions.

When the matter came before the lower Court on the 23rd of October, 2012, both parties were represented by Counsel and the Respondent commenced trial by giving evidence in support of his case.

The records show that at the conclusion of the examination in chief of the Respondent, Counsel to the Respondent urged the lower Court to enter judgment in favour of the Respondent pursuant to the provisions of Order 27 Rule 2 of the High Court of Kano State Civil Procedure Rules 1988 in default of pleadings. The lower Court acceded to the request and entered judgment in terms of the claims of the Respondent.

?Thereafter, the Appellant filed an application dated the 21st of December, 2012 praying the lower

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