Mr. Allen Egbe & Anor. (Appellants/Cross Respondents) vs. Ayodeji Odu (Respondent / Cross Appellant)

Facts

The Respondent as Plaintiff before the High Court of the Federal Capital Territory, Abuja (“the trial court”) took out a Writ of Summons filed on 15th February, 2010 against the Appellants as Defendants wherein he claimed inter alia, “The sum of N25,000,000.00 (twenty-five million Naira) being professional fee payable to the Plaintiff for professional services connected to/or rendered to the Defendants from 1998 — 2000 in respect of Suit No. FHC/C/CS/18/98 and Appeal No: CA/K/32/04 respectively.”

The Respondent’s case before the trial court was that he rendered legal services to the Appellants as itemized in his bill of charges “Exhibit H” in Suit No. FHC/C/CS/18/98 and Appeal No. CA/K/32/04 but was not paid for the said services. As such, he claimed the sum of N25,000,000.00 (twenty-five million Naira only) as professional fees. The Appellants, in their defence, stated that the Respondent’s participation was limited to (a) filing of the Writ of Summons in Suit No. FHC/C/CS/ 18/98 (b) letter by the Respondent on behalf of the Appellants to the Military Administrator Sokoto State dated 1/7/98. That another Counsel took over the prosecution of Suit No: FHC/C/CS/18/98 from the Respondent until judgement at the trial court as well as the Appeal in Appeal No. CA/K/31/04 for which settlement was reached. They asserted that the Respondent had then been debriefed by the Appellants vide Exhibit “J” as shown in the printed records of appeal.