NICHIM CONSTRUCTION NIGERIA LTD & ANOR V. E.E. OBOMANU

T.O AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Rivers State High court delivered on 11/12/2006. The Plaintiff in the trial court had filed an action claiming.

"1) N4,000,000 (Four Million Naira) only being and representing professional fees due and payable to the plaintiff vide the CONTINENTAL TRUST BANK LTD cheque issued to the plaintiff by the defendants.

2) 21% interest from December 2005 till judgment and thereafter 20% until liquidation.

3) N500,000 (Five Hundred Thousand Naira) only being and representing legal charges paid and or incurred by the plaintiff in the recovery of the above sum."

The plaintiff sought and obtained leave to have the matter placed on the undefended list and that the Writ of Summon be marked accordingly on 6/11/2006.

By paragraph 1 - 9 of the affidavit in support of the motion for leave to defend the plaintiff deposed as follows:-

"1. That I am a legal practitioner managing the law firm of Tamuno-Ala Assoc…