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OKEY WALI ESQ & ORS V. SETH O. AMAEFULE ESQ. & ORS

(2014) JELR 40182 (CA)

Court of Appeal  •  CA/L/899/2013  •  11 Feb 2014  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA CHUKWUDUMEBI SAMUEL OSEJI JCA TIJJANI ABUBAKAR JCA

Appearances
Mr. T. Oyetibo, SAN, (with Messrs. O. Obele, O. Adepoju and M. Akerele) For the Appellant; Mr. T. Gomez for the 1st - 5th Respondents (with Messrs. C. Nduka; A. Eyarhono); Mr. S. P. Onu for the 6th Respondent; Mr. A. A. Adewale for the 7th Respondent.

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The interlocutory appeal is from a ruling delivered by the Federal High Court sitting in Lagos (the court below) by which it granted an order of temporary injunction restraining the appellants from collecting increased Bar practicing fees (practicing fees) from practicing members of the legal profession of the Nigerian Bar Association (NBA), pending the determination of the substantive suit filed at the court below by the respondents against the appellants challenging the legality of the increased practicing fees.

In outline, the 4th appellant in consultation with the 2nd appellant through the 1st and 3rd appellants effected an increment in the practicing fees. The increment appeared to have been done under the statutory powers of the 4th appellant stipulated by section 8 of the Legal Practitioners Act Cap L11 Laws of the Federation of Nigeria, 2004 (L.P.A).

The respondent, on the other hand, asserted that the 3rd appel…

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