(1977) JELR 46330 (SC)    

Supreme Court  ·  SC.466/1975 ·  20 May 1977 ·  Nigeria
Other Citations
(1977) All N.L.R 130 Obembe v. Wemabode Estates ltd (1977) 5 S.C. 70
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
trial judge
learned trial judge
scale of fees
resident engineers
resident supervision
consulting engineer
record of the services
statement of claim
structural engineers
balance of fees
commencement of proceedings
commencement of the building project
conditions of the engagement of the plaintiff
cost of the disputed quantity of steel
cross examination
following items
following principles
following terms
hearing of this appeal
high court of lagos state
insurance company
lagos state
leading judgment
matter of your resident engineers expense
model form of agreement b
observation of the learned trial judge
particulars of claim
plaintiffs appointment
plaintiffs fees
provisions of the conditions of engagement
reserved judgement
respect of the construction
said scale of fees
schedule c
services of his resident engineers
submission of the dispute
support of his claim
time basis
total claim
view of the arbitration clauses

A. FATAYI-WILLIAMS, C.J.N (Delivering the Leading Judgment): In these proceedings commenced in the High Court of Lagos State, the plaintiff claimed against the defendants the sum of 37,410.18.2pounds being balance of fees and reimbursable expenses due to the plaintiff for services rendered for the defendants at their request in respect of the construction of "Unity House" at 37, Marina, Lagos. The particulars of claim, as set out in paragraph 14 of the plaintiff's amended statement of claim, read:

"(i) Fees for structural and civil

engineering services 44,662.0.0d.

(ii) Re-imbursable expenses 367.5.8d

(iii) Resident supervision 5,079.7.6d

(iv) Deposit on behalf of Wemabod

Estates Ltd. in respect of special

steel 3,000.0.0d


Payment up-to-date by Wemabod

Estates in purported satisfaction of all

claims 15,697.15.0d

Balance 37,410.18.2d."

At the hearing, the plaintiff admitted that the two sums of 367.5.8pounds. and 3,000.0.0pounds which he claimed as reimbursable expense…

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