CORAM

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M.L. UWAIS – JUSTICE, SUPREME COURT

E.O. OGWUEGBU – JUSTICE, SUPREME COURT

U. MOHAMMED – JUSTICE, SUPREME COURT

Y.O. ADIO – JUSTICE, SUPREME COURT

A.I. IGUH – JUSTICE, SUPREME COURT

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PARTIES

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CHUKA OKOLI & ASSOCIATES APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

This appeal arose from the proceedings initiated by the respondent in the High Court. By a motion on notice brought. The respondents prayed the court for Leave to change its counsel that is Messrs, taxation of the bill of charges of Messrs, and an order that pending the taxation of the said bill the firm Messrs Lagos to deliver to the defendant/applicant all documents handed over to that firm for the prosecution of this case on its behalf. The court of trial granted respondents leave to change counsel and ordered the appellants to deliver all documents handed over to them for the prosecution of the case to the respondents. The appellants were not satisfied with the orders made by the trial court and appealed to the Court of Appeal in which the appeal was dismissed. They further appealed to the Supreme Court.

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HELD

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The appeal was allowed. The decisions of the Court of Appeal as well as that of the High Court were set aside.

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ISSUES

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1. Whether the application for taxation of the bill of charges brought after two years and five months from the delivery of the said bill of charges was statute barred.2. Whether the appellants as legal practitioners could be compelled to deliver up documents held under a retaining lien when their fees were unpaid

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RATIONES DECIDENDI

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BILL OF CHARGES

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“Bill of charges” means a bill as is mentioned in S.16 (2) (a) of the Act and “charges” means any charges (whether by way of fees, disbursements etc.) in respect of anything done by a legal practitioner in his capacity as a legal practitioner.” Per EMANUEL OBIOMA OGWUEGBU, JSC.

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CASES CITED

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STATUTES REFERRED TO

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