HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgment): The instant appeal is against the ruling of the Cross River State High Court, Obudu Judicial Division in suit No HD/37/2012 between Lazarus Izabi-Undie, acting under the name and style of L. A. Izabi-Undie and Oscar Ofuka, acting under the name and style of Osunots Communication Ventures, delivered on the 2ndday of December, 2013, wherein judgment was entered for the claimant in the following terms:
“The defendant shall pay the claimant the sum of One Million, Two hundred and sixty six thousand naira (1,266,000.00) only being legal fees and out of pocket expenditure incurred by claimant in handling suit No. HD/46/2010 for the defendant”.
The brief facts generating the instant appeal, are as set out by the appellant, and adopted by the respondent except as indicated herein. The respondent, a legal practitioner in his own right is said to have taken out a writ of summons against the appellant on the 30th of November, 2012, for the …