(2001) JELR 44298 (CA)    

Court of Appeal  ·  CA/K/155/97 ·  22 Mar 2001 ·  Nigeria
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria
Core Terms Beta
arithmetical error
final payment
evidence act
lower court
oral evidence
learned trial judge
evidence of dw1
legal relations
calculation of the contract sum
e. r.
facts of the case
following cases
issue of estoppel
lead judgment
second issue
statement of claim
trial judge
abundant evidence
agreed contract sum
behalf of the appellant
c builders ltd vs rees
consent of both parties
contents of a document
cost of sub-contracting of full renovation
final analysis
foakes v. beer
gregory obi ude v. nwara
high court
issue of outstanding payments
judgment of this court
leading judgment
legal rights
lord denning m. r.
mere fact
outstanding sum of n50
promissory estoppel
rabiu danlami muhammad
said sum
said sum of n70
such promise
sum of n56
terms of the agreement
written agreement

RABIU DANLAMI MUHAMMAD, J.C.A (Delivering the Leading Judgment): The writ of summons in this suit was initially issued under the undefended suit. The plaintiff's claim, who is now the respondent in this appeal, was for the sum of N56, 325.00 being the cost of sub-contracting of full renovation works for block 11/202. The defendant, now the appellant herein, filed a notice of intention to defend. As a result of the notice of intention to defend and with the consent of both parties, the suit was transferred to the general cause list. Pleadings were ordered, filed and exchanged. In paragraph 14 of the statement of claim, the plaintiff claimed as follows:-

"Whereof the plaintiff claims the said sum of N70, 405.00 (SEVENTY THOUSAND FOUR HUNDRED AND FIVE NAIRA ONLY) from the Defendant with 21% interest per month on the said sum from 1st day of November, 1992 until the judgment is delivered in this suit and thereafter at 10% interest until the judgment is finally satisfied and the cost of th…

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