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AKINLOLU OMOYINMI v. A. O. OGUNSIJI & ANOR.

(2007) JELR 44216 (CA)

Court of Appeal  •  CA/I/128/90  •  26 Mar 2007  •  Nigeria

Coram
MUSA DATTIJO MUHAMMED JCA; AMINA ADAMU AUGIE JCA; ALFRED PEARSON EYEWUMI AWALA JCA;

Judgement

ALFRED P. E. AWALA, JCA (Delivering the Leading Judgment): The Appellant was the plaintiff at the trial court - the High court of Justice of Ogun State. He is a legal practitioner and sued the respondents who are also legal practitioners together with five other nominal defendants claiming as follows:-

"A declaration that the Plaintiff is entitled to commission at 10% of the compensation money (N2,375,000.00) paid to the defendants in respect of the land acquired for the Federal Advance Teachers College at Osiele near Abeokuta on the ground that the said Commission is secured:-

(a) by an agreement by way of authority dated 7/1/81 under the hand of the 1st defendant.

(b) A power of attorney dated 24/4/82 donated under the hand of 3rd to 7th Defendants.

Alternatively a declaration that the Plaintiff has a lien or charge on the said compensation money for the amount of the plaintiffs commission and that so far as it is necessary the 1st and 2nd Defendants are trustees of the money each o…

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