M N I EMORI ESQ V. ABITRANS COMPANY LIMITED

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): The Appellant, a legal practitioner with the firm of M. N. I. Emori and Co. Nkanu Emori Chambers was retained by the Respondent as its legal adviser, solicitor and counsel. By virtue of that status, he was briefed and his services retained to defend the Respondent which was sued under the 'Undefended List' in a Suit No. C/137/98: Okorafor Dan (Nig) Motors v. Abitran Co. Ltd and Abi Local Government Council before High Court, Calabar. The Appellant filed the Respondent's Notice of Intention to Defend and an Affidavit disclosing a defence on the merit dated June 29, 1998. No process was filed for the 2nd Defendant. Persuaded by the depositions in the affidavit that the Respondent has a defence on the merit, the learned trial Judge transferred the matter from the 'Undefended List' to the 'General Cause List' on July 27, 1998 for trial. The Appellant filed a motion on notice dated November 23, 1998, raising a preliminary objec…