ESSO WEST AFRICA INC. V. OYEGBOLA

• Pages: 350-355

ESSO WEST AFRICA INC. V. OYEGBOLA

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350

In the course of the hearing of the appeal we asked counsel on both sides what

they would wish us to do if we came to the conclusion that we have now indicated

we have that the plaintiff was properly briefed up to and including the 6th of July,

1966 on behalf of the Council, and they each asked us to make an assessment of

a fair fee on that basis to be awarded to the plaintiff. Mr. Molajo submitted that at

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the least we should award the plaintiff 1,000 guineas for the preparation of the

case, and 50 guineas for the appearance on the 6th of July, 1966, whilst Mr. Fa-

shinro pointed out that the preparation of the brief for Mr. Ajayi had been done in

the office of the Town Clerk and not by Mr. Ajayi himself and he therefore sub-

mitted a fair fee would be 200 guineas for the initial preparation and 10 guineas

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for the appearance. It is always difficult to assess a fair fee, but doing our best in

the circumstances and bearing in mind that for a Tribunal of Inquiry, such as this,

a considerable amount of preparatory study would undoubtedly have been necess-

ary and that having accepted the brief for the Lagos City Council the plaintiff was

then unable to accept any offer to appear for others at the Tribunal, we consider

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a fair amount to award for all his services to the Lagos City Council up to and in-

cluding the 6th of July, 1966 would be 500 guineas, and we do so award him.

The appeal is accordingly allowed. and the judgment of the High Court in suit

LD/112/67 is hereby set aside and the plaintiff is awarded 500 guineas on his claim

for professional services with 88 guineas costs in this Court. The learned trial Judge

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saw fit to make each side bear its own costs of the hearing in the High Court, but

the plaintiff having now succeeded, we are of the view he is entitled to his costs of

that hearing in the High Court which we assess at 150 guineas.

Appeal allowed.

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ESSO WEST AFRICA INC. V. OYEGBOLA

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ESSO WEST AFRICA INC.

V

T. OYEGBOLA

SUPREME COURT OF NIGERIA

COKER,

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J.S.C.

MADARIKAN,

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J.S.C.

FATAI-WILLIAMS, J.S.C.

21st November, 1969.

APPELLANT

RESPONDENT

SUIT NO. SC 180/1968

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40

Evidence - Books of account - Production of Ledger cards - Production of entries

in books of account

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Civil Practice and Procedure - Costs - Measure of - Discretion of trial court -

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Nature of - Judicious exercise of - Evidence Act S.37.

ISSUE:

1. Whether Section 37 of the Evidence Act renders entries made in books of

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account admissible, such as to allow the admissibility of Ledger Cards in

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evidence.