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E. B. UKIRI V. GECO-PRAKLA (NIG.) LTD

(2010) JELR 47748 (SC)

Supreme Court  •  SC.141/2003  •  16 Jul 2010  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; FRANCIS FEDODE TABAI JSC; MUHAMMAD MUNKATA S. COOMMASSIE JSC; OLUFUNMILOLA OYELOLA ADEKEYE JSC;

Judgement

DAHIRU MUSDAPHER, J.S.C. (Delivering the Leading Judgment): The appellant who appears in person, is a legal practitioner and was retained according to the terms of their agreement, by the respondent company to handle its legal matters. The relationship continued for some time but later misunderstanding arose. Matters came to a head when on 20/7/1994, the respondent wrote to the appellant terminating the retainership agreement and tendered the sum of N490,000.00 being what it considered it owed the appellant as outstanding professional fees. The appellant disagreed with the figure and on the 22/5/1995, applied for a Writ of Summons from the High Court of Rivers State under the "undefended list" procedure and claimed what according to him, was the outstanding remaining professional fees owed to him by the respondent. The matter was placed on the "undefended list". The matter suffered two adjournments and was on 14/7/1995, fixed for hearing on 28/9/1995. Meanwhile on the 27/9/1995 the re…

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