Cookie Policy
TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The appellant, a legal practitioner was engaged by Gamla (Nig) Ltd to draft an agreement between her and the respondent, for the refurbishment of Kiln II Machine at the respondent's factory at kilometer 34, Auchi-Okene Road, Okpela, Edo State. Gamla (Nig) Ltd was the contractor to carry out the refurbishment and it shall hereinafter be referred to simply as the contractor.
The appellant duly prepared an agreement (Exhibit A) between the contractor and the respondent and was paid his professional fees, accordingly.
The claim of the appellant at the Edo state High court of Justice, holden at Auchi, was that he also prepared and registered a legal charge/mortgage (Exhibit B) on the assets of the respondent in order to safe guard or guarantee the continued payment for the investment of the contractor in refurbishing Kiln II Machine at the respondent's factory and that it was the latter who was to pay him his professional fees wi…