IDIGBE, J.S.C. (Delivering the Leading Judgment): The appellant commenced these proceedings in the High Court of the Bendel (formerly, Mid-Western) State holden at Warri by a motion praying the court:
"that his bill of fees delivered to the Nigerian Ports Authority (hereinafter called the said claim) be taxed or referred to a taxing Master to be taxed, the said solicitor giving credit for all sums of money by him received from or on account of the said client, and refunding what (if anything) may on such taxation appear to have been overpaid; and that the court or Taxing Master tax the costs of the reference, and certify what shall be found due to or from either party in respect of the bill and demand, and of the costs of the reference, to be paid according to the evidence of the taxation and that the court enter judgment for the amount approved or to make such other order or orders as the court may deem proper."
The facts which form the background to this application are as follows: …