(2003) JELR 44907 (CA)    
Court of Appeal  ·  CA/C/147/2001 ·  18 Feb 2003 ·  Nigeria
Other Citations
C & C Ltd. v. Altimate Inv. Ltd. [2004] 2 NWLR (Pt.857)274
SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
grounds of appeal
notice of intention
evidence act
said affidavit
substantial justice
determination of the appeal
supreme court
breach of the appellant
fair hearing
instant case
leading judgment
undefended list
learned trial judge ought
ruling of the learned trial judge
account of the said contract
affidavit of the defendant
civil procedure
claim of the plaintiff
close look
courts of law
cross river state high court
defective affidavit of the appellant
express term of the agreement
general manager
good conscience
important point
nigerian institute
processes of the court
said affidavit of the defendant
sum of n517,877.57k
supporting affidavit
undefended list suit
view of the fact
view of the nature of the suit

SIMEON OSUJI EKPE, J.C.A. (Delivering the Leading Judgment): The claim of the plaintiff as endorsed on the writ of summons against the defendant is as follows:-

"(1) The plaintiff's claim against the defendant is in the sum of N517,877.57k (five hundred and seventeen thousand, eight hundred and seventy-seven Naira and fifty-seven kobo only), being sum/sums due to the plaintiff as facilitation fees, for procuring a contract for the completion of the religious building, at the University of Calabar, from the Education Tax Fund, for the defendant.

(2) As consideration for their services, it was agreed that the plaintiff be paid the sum of N1,730,000.99 (one million, seven hundred and thirty thousand, ninety-nine kobo only) in the same percentage proportion as the defendant is paid by the Education Tax Fund.

(3) It was an express term of the agreement executed between the parties on the 3rd day of August, 1999, that the plaintiff would be entitled to the same percentage proportion of the …

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