HEADING: HOW THE COURT DETERMINE THE ISSUES BEFORE IT WHERE A CONTRACT INVOLVES SEVERAL DOCUMENTS
CASE TITLE: ETUK V. HERITAGE BANK PLC (2018) LPELR-45777(CA)
JUDGMENT DATE: 30TH OCTOBER, 2018
PRACTICE AREA: CIVIL PROCEDURE
LEAD JUDGMENT: UGOCHUKWU ANTHONY OGAKWU, J.C.A.
SUMMARY OF JUDGMENT
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.
RATIOS:
- APPEAL – BRIEF OF ARGUMENT: Whether failure of the respondent to file brief of argument will make the appeal of the appellant to succeed
- CONTRACT – WRITTEN CONTRACT: How does the court determine the issues before it where a contract involves several documents
- EVIDENCE – EVALUATION OF EVIDENCE: Duty of trial judge to evaluate evidence and nature of the duty of an appellate court in reviewing such evaluation on appeal
- JUDGMENT AND ORDER- AWARD OF INTEREST: Guiding principles on the award of pre-judgment/post-judgment interest
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