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SAMUEL ETUK v. HERITAGE BANK PLC

(2018) JELR 38381 (CA)

Court of Appeal  •  CA/L/05/2010  •  30 Oct 2018  •  Nigeria

Coram
TOM SHAIBU YAKUBU JCA; UGOCHUKWU ANTHONY OGAKWU JCA; GABRIEL OMONIYI KOLAWOLE JCA;

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Appellant herein, a legal practitioner, instituted proceedings before the High Court of Lagos State in SUIT NO. LD/575/2005: SAMUEL ETUK (Carrying on Law Practice under the name and style of Messrs ETUK and URUA) v. CITIZENS INTERNATIONAL BANK LTD, claiming the balance of his professional fees for services rendered to the Respondent. The Appellant claimed the following reliefs:

(a) The sum of N 681, 274.54 being the balance remaining to be paid on professional fees for services rendered.

(b) Interest on the said sum at the rate of 21% per annum from 1st December 2003 until the sum is paid up.

The parties filed and exchanged pleadings and the matter proceeded to a full dressed hearing at which testimonial and documentary evidence was adduced. At the end of the inter partes hearing, the lower Court, Coram Judice: A. A. Phillips, J. (as he then was) entered judgment in part for the Appellant in the following terms:

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