Tag Archives: Solicitors fees

A counsel whose fees have not been settled can lawfully refuse service of a process on him.

 

Darlington Eze v. Federal Republic of Nigeria [2017] 15 NWLR (Pt. 1589) 433 at 477, paras. F-G, per I. T. Muhammad, JSC:

“…The settled practice is that a counsel whose fees have not been settled can lawfully refuse service of a process on him, and in that case, the litigant must personally be served with the process in question before a decision is taken against him, failing which would amount to a breach of the right of fair hearing…”

Blogger’s Note:

The Supreme Court has by the above position made it clear that solicitor’s professional fees should ordinarily be taken seriously to avoid needless risks. For instance, where a counsel refuses to accept a process served on him for failure of his client to perfect his brief and the process is accordingly served on the litigant himself and proof of the said service is supplied, the court can validly proceed with the case and will not wait for the litigant to brief another counsel. Thus, it is a huge risk for a litigant to treat his solicitor’s fees as a trivial matter. Continue reading A counsel whose fees have not been settled can lawfully refuse service of a process on him.

(Visited 772 times, 1 visits today)