Court of Appeal dismisses appeal of High Court dismissal of a plaintiff's claims against a solicitor who was involved in a contractual dispute involving the production of a play in a theatre, on the grounds that: a) no objective bias on the part of the trial judge was established; b) there was ample evidence before him upon which the trial judge was entitled to rely in arriving at his conclusion that the appellant had never been a client of the firm in a personal capacity; c) complaints regarding the conduct of trial, the application of rules of evidence and rules of superior courts and omissions in the judgment to matters raised by appellant were not made out; d) there was no evidence to support his contention that the trial judge’ s questioning of certain witnesses resulted in him effectively using the bench to intimidate individuals or procure specific answers; and e) there was no evidence of litigation misconduct.
Professional negligence – appeal of High Court dismissal of the plaintiff's claims – appellant’s claim for damages for negligence, breach of duty and other misconduct –s. 68 of the Solicitors (Amendment) Act 1994 – whether Mr. Adigun was ever a personal client of the solicitor – key issue was that the solicitor had agreed to work for the company Arambe but not for the appellant – bias – who was the client – non compliance with rules – alleged consequences of failure to write letters as instructed – relevance of evidence adduced at a prior failed mediation – litigation misconduct – fraud – s. 16 of the Civil Liability Act 1961 – appeal dismissed.