John Maxwell was called to the Nigerian Bar in 2008, his journey through the university and subsequently the Nigerian Law School can be best described as a perilous one due to the fact that he was from a humble (poor) family.
Paying of his fees, buying of books and feeding was indeed hard throughout that period, thereby a major setback for him in his academics and he vowed to get rich in life to help his family after his call.
After his call, he finally got an employment after searching for one (1) year in Zion Chambers, where he practiced for 6 years and decided to open his own firm with the money he had saved over the years at Zion Chambers. He got an office space and registered his firm with the name ‘Maxy Attorneys’, and his struggle continued.
Being a new firm with no clients at all, John was finding it difficult with keeping up the firm and payment of the rent until Chief Emeka Yahaya, a prominent businessman in the society, employed his services for a case he had against one Mr Osuji Olawale. Chief Emeka explained that Mr Osuji had earlier contracted him to supply him with paints for his shop and on the supply of the paints, Mr Osuji complained that some of the paints brought in were not the type of paint he asked for, and as such would pay for the ones which met his requirements and return the other ones. Chief Emeka wants to institute an action against Mr Osuji seeking an order of the Court ordering Mr Osuji to pay for all the paints and he promised to pay the sum of 10million Naira to John if the matter was successful.
The matter was duly instituted in the High Court and came up for mention on the 5th of March 2016 with all parties and counsel being present in court. The matter was then adjourned to the 18th of March 2016 for Pre-trial conference, but counsel to Mr Osuji applied to the court seeking for an adjournment due to his ill health, evidencing a Doctors report and that his Client had travelled and would also not be in court, the matter was adjourned to the 13th of April 2016.
On the 12th of April, Counsel Mr Osuji called John Maxwell to inform him of a case he was having that morning and pleaded with him to stand the matter down till 11am to enable him appear in court. John Maxwell agreed and called Chief Emeka to inform him of the agreement to stand the matter down till 11am.
On the 13th of April, on getting to the court, Chief Emeka met with John Maxwell and threatened to withdraw the case from him if he does not apply for a judgment in default of appearance against Mr Osuji, thereby making John not to abide by the agreement made with the opposing counsel.
John Maxwell is confused as to either losing his major means of livelihood by abiding with the agreement he made or applying for the Default judgment in a bid to diligently representing his client, hence his dilemma.