For its failure to pay a lawyer, Ndubuishi Nwapi, his professional charges, Justice Charles Agbaza of the High Court of the Federal Capital Territory (FCT), sitting at Maitama, Abuja, has ordered a building and engineering company, G.CAPPA Plc, to pay the lawyer the sum of N31.2 million.
The judge gave the order while delivering judgment in a suit, marked FCT/HC/CV/BW/04/2016, filed by Nwapi against G.CAPPA, a construction company, delivered on November 20, 2022, the certified true copy (CTC) which was sighted on Wednesday by Tribune Online.
The lawyer had in the suit seeking the order of the court compelling the construction company to pay him for the professional service he rendered for it.
Justice Agbaza held that the evidence placed before the court by the claimant was uncontroverted, adding that it was obvious from the record of the court that the defendant was served and refused to file its defence.
He held that when evidence remains unchallenged, the court is obliged to accept such introverted evidence as true.
According to Justice Agbaza, “It is trite law that where evidence is challenged and uncontroverted, the court is obliged to accept such evidence as true, correct and act on it.
“I am, however, quick to add that the minimum evidence must be enough for the court to act on.
“In this instant, the claimant is seeking from the defendant the payment of the sum of N31.2 million only being the sum due to him as professional fees as per the bill of charges dated September 22, 2014.”
The judge further held that based on both the evidence Nwapi placed before the court and his (claimant) testimony in court showed that there was a relationship between both parties in the matter.
According to him, the claimant acted in his professional capacity and in return he (the claimant) ought to be paid for the services he rendered for the defendant.
Justice Agbaza held that “from all of this, it is no doubt that the claimant is entitled to bring out this action against the defendant.”
He then held that by the provisions of section 16(1) (2) of the Legal Practitioner Act, 1975, the court was favourably disposed to enter judgment in favour of the claimant has established that a relationship existed between both parties
“Accordingly, judgment is entered in favour of the claimant: The defendant is ordered to pay the sum of N31.2 million only being the sum due to the claimant as professional fees as per bill of charges dated September 22, 2014,” Justice Agbaza ordered.
