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TROPICS FINANCE & INVESTMENT COMAPNY LTD

(2014) JELR 40101 (CA)

Court of Appeal 31 Mar 2014 Nigeria
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- The appellant, awarded a building contract by the Federal Ministry of Works and Housing (FMWH) for the benefit of the respondent, sought various reliefs against the respondent, including a declaration that the respondent could not termina

Case Details

Suit Number:CA/L/113/2008
Judges:RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria
Counsel:Chuks Nwachukwu with Tochi Uzokwe For Appellant O. E. Ale Daniel with N. Ugbo and R. Okafor For Respondent

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Lagos State delivered on the 18th day of April, 2005 by Hon Justice B. Rhodes-Vivour (as he then was) wherein the plaintiff's claim was dismissed.

The appellant as the plaintiff had by a writ of summons and statement of claim dated 29/6/1998 instituted this action against the defendant (now Respondent). By an amended statement of claim dated 13/10/98, it claimed the following reliefs:

"1. A declaration that the defendant has no right to terminate a contract made exclusively between the plaintiff and WORKS and to which it is not a party.

2. N1,403,249.50 as per Nigerian Institute of Architects of Nigeria being the fee for consulting in respect of architecture, structural engineering and quantity surveying rendered directly to the defendant and separate from the contract between the plaintiff and WORKS in respect of 12 AA Ruxton Road, Ikoyi, Lagos,

3. N622,485,00…

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