M. D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The Appellant herein as Plaintiff instituted Suit NO.1/681/95 in the Oyo State High Court under the undefended list. The claim against the Respondent, who was the defendant in the suit, was for the sum of Two Hundred and Fifty Six Thousand, Five hundred Naira. There was a client/solicitor relationship between the Appellant and the Respondent. The sum being claimed was balance of the money the Respondent recovered for the Appellant but which the former failed to pay to latter.
After the commencement of suit No. 1/681/95 by the Appellant, the Respondent sent a bill of costs for the professional services rendered and sought to use same to counter claim in the very suit. Judgment was entered in favour of the Appellant while Respondent's counter claim was discountenanced.
The Respondent subsequently commenced the instant suit NO.1/433/98 at the lower court seeking to recover the professional fees he was unable to in his counter cla…