CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): The appeal in this matter is against the judgment of O. O. Obadina, J. delivered on the 17th February, 1995 at the Lagos Judicial Division of the High Court of Lagos State.
From the pleadings and the evidence at the trial, the case for the plaintiff briefly was as follows:
That the 1st defendant is a limited liability company with its registered office at 8/10, Broad Street, Lagos and its principal place of business at No.6 Airport Road, Ikeja. The plaintiff was the solicitor and legal adviser to the 1st defendant's company. The 3rd to 6th defendants are the children of the late Eric D. O. Atuanya and were sued as representatives and beneficiaries of the estate of the late Eric D. O. Atuanya. The 2nd defendant are the bankers of the 1st defendant.
That sometimes in 1982, Mr. Atuanya approached the plaintiff for a financial assistance to enable him (Mr. Atuanya) finance the contract awarded to the 1st defendant by the Feder…