May 27, 2025
Legalpedia Citation: (2009-04) Legalpedia 58085 (SC) In the Supreme Court of Nigeria Holden at Abuja Fri Apr 3, 2009 Suit Number: SC 221/2003 CORAM D MUSDAPHER, JUSTICE […]
CORAM
D MUSDAPHER, JUSTICE SUPREME COURT
G A OGUNTADE, JUSTICE SUPREME COURT
I F OGBUAGU, JUSTICE SUPREME COURT
J O OGEBE, JUSTICE SUPREME COURT
M S. M. COOMASSIE, JUSTICE SUPREME COURT
PARTIES
MR. OLA WALE SONIBARE
APPELLANTS
MR. C. S. SOLEYE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant/plaintiff a legal practitioner, instituted an action for professional fees rendered as a legal practitioner. The trial court dismissed both the appellant and respondent’s claim. Dissatisfied, the respondent appealed to the Court of Appeal. The Court of Appeal allowed his appeal. The appellant in turn has appealed the judgment.
HELD
Appeal dismissed and damages reduced in favor of the respondent.
ISSUES
NONE
RATIONES DECIDENDI
WHERE A TRIAL COURT MAKES NO ASSESSMENT OF DAMAGES
Where a trial court made no assessment of damages, an appellate court (like the court below did), can, make the assessment itself if there exists on the record, enough evidence on which the assessment can be based. Per Ogbuagu, JSC
CASES CITED
1. Overseas Construction Co. (Nig.) Ltd, v. Creek Enterprises (Nig.) Ltd. & anor. (1985) 3 NWLR (Pt.U) 407
2. Re Felix Esware (1974) 6 S.C. 90 (a), 94- (1974) 1 All NLR (Pt.l) 293
STATUTES REFERRED TO
NONE