ESEIGBE ENGINEERING CO. LTD
V.
AIKHOMU & ANOR

(2018) JELR 39125 (CA)    

Court of Appeal  ·  CA/B/224/2010 ·  1 Feb 2018 ·  Nigeria
CORAM
UZO IFEYINWA NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria OBANDE FESTUS OGBUINYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
parties
2nd respondent
respondents
trial judge
contention of counsel
evidence
learned trial judge
1st respondent
favour of the appellant
trial court
exhibit n
issues
retention fee
date of judgment
final reconciled account
2nd respondents
amended statement of claim
documentary exhibits
exhibits m
exhibits x
leading judgment
lower court
2nd defendants
address of counsel
appellate court
awarded cost of n5,000.00
building of the 1st respondent
building project
conclusion of the trial
consultant of the 1st respondent
determination of this court viz
exhibits c
exhibits u
finality of exhibit n.
final payment
gist of the appellant
judgment of the high court of edo state
order of court
payment of his retention fees
proof of its case
retention fee of n1,041,882.60k
sum of n300,000.00
sum of n875,009.00k
sum of n8,916,918.51
unpaid sum

UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Edo State delivered on 11th February, 2010 by Hon. Justice P. I. Imoedemhe.

By a Writ of Summon together with an Amended Statement of Claim dated 22nd May, 2006, the Plaintiff now Appellant claimed against the 1st and 2nd Defendants now 1st and 2nd Respondents respectively as follows:-

1. The sum of N8,916,918.51 (Eight Million, Nine Hundred and Sixteen Thousand, Nine Hundred and Eighteen Naira, Fifty-One Kobo) only being the unpaid balance for work done inclusive of retention fee.

2. Interest at the rate of 35% per annum on the unpaid sum from May 1998 till the date of judgment.

3. 10% interest on judgment sum per annum from date of judgment until the entire money is paid.

4. General damages in the sum of N300,000.00 (Three Hundred Thousand Naira) only.

The Respondents filed an Amended Joint Statement of Defence dated 5th June, 2006 to which the Appellant filed…

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