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EKWUNIFE
V.
WAYNE (WEST AFRICA) LIMITED

(1989) JELR 42920 (SC)

Supreme Court 8 Dec 1989 Nigeria
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- The plaintiff appealed against the reversal of a judgment in his favor by the Court of Appeal. - The contract in question was for laying cables only, and the plaintiff had performed the work as agreed. - The defendant had not provided cre

Case Details

Suit Number:SC.200/1986
Judges:ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria
Counsel:R.O. Yusuff For Appellant H.O. Ajumogovia (with him, K.O.K. Ayo-Kasunmu) For Respondent
Other Citations:Ekwunife v. Wayne (W/A) Ltd. (1989) 5 NWLR (Pt.122) 422

NNAEMEKA-AGU, JSC (Delivering the Leading Judgment): This is an appeal by the plaintiff against the reversal by the Court of Appeal, Kaduna Division, of the judgment given in his favour by L.D. Abdullahi, J, in a Jos High Court. The claim before the court is as follows:

"The defendant by Local Purchase Order No. 17142 and 17143 all dated 31st October, 1977 and by letter Reference No. WJI/ADM 069/7/78 awarded the work of laying of underground cables for its petrol pumping stations in the following towns Mangu (5 pumps) Barkin Lad; (5 pumps) Nassarawa (5 pumps) Bassa (5 pumps) Pankshin (5 pumps) Wase and Kanam (5 pumps).

The plaintiff in accordance with the Local Purchase Order and the letter reference No. WAJ/ADM 069/7/78 did carry out the projects in the specified areas and make a demand for payment of work done which the defendant refused, or neglected to pay.

Wherefore the plaintiff claims from the defendant the sum of ₦16,000 (sixteen thousand Naira) as payment for work done."

The …

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