Facts:

The respondent (claimant at the lower court) through his law firm was instructed by the appellant (defendant at the lower court), a bank, to undertake certain services for it in respect of a credit facility of N273 Million granted to one of its customer – ARAB CONTRACTORS. Acting pursuant to the letter of instruction, the respondent performed some of the duties expected but was not able to conclude performance as the appellant terminated its services. It is the case of the respondent that after terminating its services the appellant refused to pay the fee it demanded as professional fees for work done.
Aggrieved by the appellant’s action the respondent instituted an action at the lower court seeking inter alia the sum of N13,705,950.00 (Thirteen Million, Seven Hundred and Five Thousand, Nine Hundred and Fifty Naira) being outstanding and unpaid professional fees. The appellant filed its defence in response and the matter proceeded to trial. The respondent led evidence through its witness and closed its case but the appellant failed to open its case or lead evidence. After subsequent adjournments the lower court directed parties to file their final addresses. In its final decision the lower court granted judgment in favour of the respondent but in a sum lesser than what was claimed by the respondent.
Dissatisfied by the decision of the lower court the appellant appealed to the court of appeal. Also dissatisfied by the decision of the lower court with regard to the sum awarded the respondent filed a cross-appeal.