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BANK OF INDUSTRY LTD V. EBENEZER OBEYA

(2021) JELR 109995 (SC)

Supreme Court  •  SC/CV/669/2020  •  7 Dec 2021  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD, J.S.C. (Presided) CHIMA CENTUS NWEZE, J.S.C. UWANI MUSA ABBA AJI, J.S.C. HELEN MORONKEJI OGUNWUMIJU, J.S.C. (Read the Leading Judgment) ADAMU JAURO, J.S.C.

Judgement

 OGUNWUMIJU, J.S.C. (Delivering the Leading Judgment):This is an appeal against the judgment of the Court of Appeal, Abuja Division delivered 14th August 2020 Coram: Peter OlabisiIge, Emmanuel Akomaye Agim, Yargatar Byenchi Nimpar (JJCA)which set aside the decision of the High Court of the Federal Capital Territory delivered 16th November, 2017 by Hon. Justice S. B. Belgore.

The respondent as plaintiff at trial is a legal practitioner while the appellant is a development finance institution substantially owned by the Federal Government. The respondent commenced this suit by a writ of summons under the undefended list against the appellant. His claims against the appellant are as follows:

The sum of N55,245,625.00 (Fifty-five million, two hundred and forty-five thousand, six hundred and twenty-five Naira only) representing half of the sum in the invoice dated 10th March, 2016 being balance of professional fees due to plaintiff under Part 1 of the Schedule to the Legal Practitioners (Remu…

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