Andrews O. Aburime V. Nigerian Ports Authority (1978)

LawGlobal-Hub Lead Judgment Report

IDIGBE, J.S.C. 

The appellant commenced these proceedings in the High Court of the Bendel (formerly, Mid-Western) State holden at Warri by a motion praying the court:

“that his bill of fees delivered to the Nigerian Ports Authority (hereinafter called the said claim) be taxed or referred to a taxing Master to be taxed, the said solicitor giving credit for all sums of money by him received from or on account of the said client, and refunding what (if anything) may on such taxation appear to have been overpaid; and that the court or Taxing Master tax the costs of the reference, and certify what shall be found due to or from either party in respect of the bill and demand, and of the costs of the reference, to be paid according to the evidence of the taxation and that the court enter judgment for the amount approved or to make such other order or orders as the court may deem proper.”

The facts which form the background to this application are as follows: The appellant accepted at the request and instructions of the respondents to defend them in an action preferred against the respondents by one P.I. Igueben in the High Court, holden at Warri (hereinafter referred to as “Suit W/32/72”); and for this service he stated in a letter (Exhibit “B”) to the respondents that his fee was 6000 guineas. Exhibit “B” reads;

“The Legal Officer,

Nigerian Ports Authority,

26/28 Marina,

Lagos.

29th December, 1972

Dear Sir,

Re Suit W/32/72 P.I. Ordia (Alias P.I. Igueben) v. Nigerian Ports Authority

I refer to your letter ……………… dated 11th December, 1972 in which you instruct us to appear as junior counsel to C. Ikeazor, Esq., in the above suit pending in the Warri High Court.

As you rightly pointed out I have already made one appearance (on 20/11/72) on behalf of the N.P.A. Right now I have prepared (1) the counter-affidavit to a motion for judgment filed by the plaintiff and (2) a motion for striking out of the said suit, and I shall be proceeding to Warri tomorrow to file them.

The next adjourned date is the 3rd of January, 1973 and I shall be in court accordingly.