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SAMUEL ETUK v. HERITAGE BANK PLC

(2018) LPELR-45777(CA)

In The Court of Appeal of Nigeria

On Tuesday, the 30th day of October, 2018

CA/L/05/2010


Before Their Lordships

TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria

UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria

GABRIEL OMONIYI KOLAWOLE Justice of The Court of Appeal of Nigeria


Between

SAMUEL ETUK
(Carrying on Law Practice under the name and style of Messrs ETUK & URUA) - Appellant(s)

AND

HERITAGE BANK PLC - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Civil Procedure.
FACTS:
This is an appeal against the decision of the High Court of Lagos State.

The Appellant, a legal practitioner instituted proceedings before the High Court of Lagos State in SUIT NO. LD/575/2005: SAMUEL ETUK (Carrying on Law Practice under the name and style of Messrs ETUK & URUA) vs. CITIZENS INTERNATIONAL BANK LTD, claiming the balance of his professional fees for services rendered to the Respondent. The Appellant claimed the following reliefs:
(a) The sum of N 681, 274.54 being the balance remaining to be paid on professional fees for services rendered.
(b) Interest on the said sum at the rate of 21% per annum from 1st December 2003 until the sum is paid up."

The parties filed and exchanged pleadings and the matter proceeded to a full dressed hearing at which testimonial and documentary evidence were adduced. At the end of the inter partes hearing, the High Court, Coram Judice: A. A. Phillips, J. (as he then was) entered judgment in part for the Appellant.

Dissatisfied, the Appellant appealed to the Court of Appeal. The Respondent also filed a Cross-Appeal.

ISSUES:
The Court of Appeal determined the appeal on these issues couched as follows:

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. "

DECISION/HELD:
On the whole, the Court found no merit in the main appeal and accordingly dismissed same. The Court however allowed the Cross-Appeal in part.


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