SAMUEL ETUK VS HERITAGE BANK PLC

CORAM

PARTIES

kjkj 2ND DEFENDANT / APPELLANT

jkkj CLAIMANT DEFENDANT

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant, a legal practitioner, instituted proceedings before the High Court of Lagos State, claiming the sum of N681, 274.54, being the balance of his professional fees for services rendered to the Respondent, interest on the said sum at the rate of 21% per annum from 1st December 2003 until the sum is paid up. At the conclusion of the hearing, the court entered judgment in part for the Appellant, that the sum due and payable to him is N100, 000.00, being fees payable for the obtaining of an order from the Federal High Court. The court in dismissing the other claims of the Appellant ordered the Defendant to pay 21% interest on the said sum and thereafter at 10% per annum until the sum is totally liquidated. Being dissatisfied with the judgment of the trial court, the Appellant appealed to this Court whilst the Respondent filed a cross appeal.

HELD

Appeal Dismissed, Cross Appeal Succeeds in Part

ISSUES

MAIN APPEAL ? Whether or not the learned trial judge was right, in law and on the facts, in holding that the Appellant was not entitled to the sum of N741, 274.62. CROSS APPEAL ? Whether the award of the sum of N100, 000 plus interest at 21% per annum from 14/7/2003 till 18/9/2009 and thereafter at 10% per annum until liquidation is justified in law and on the facts having regard to the evidence and issues contested at the trial court.