SOLEL BONEH NIGERIAL LTD.
V.
CANITEC INTERNATIONAL COMPANY

(2006) JELR 46270 (CA)

Court of Appeal · CA/PH/230/2004 · 30 Nov 2006 · Nigeria

CORAM

ISTIFANUS THOMAS JCA MONICA BOLNA'AN DONGBAN-MENSEM JCA IBRAHIM MOHAMMED MUSA SAULAWA JCA

Ratio Decidendi

Core Terms ^Beta

respondent

parties

block h

learned trial judge

mortuary block

exhibit l

learned counsel

exhibit

nwlr pt

exhibit f

exhibit m

trial court

extrinsic oral evidence

agreed rates

block j

exhibit b

square metre

submission of the learned counsel

chief c. a. okoro

exhibit e

rcc reynolds construction company

subcontract agreement

alhaji r.a. salami

available evidence

canitec international company ltd

chief engineer

contract documents

exhibit a

exhibit c

exhibit d

issue of the retention fee

koiki v. magnusson

laying of terrazzo works

letter of extension of the subcontract

main contractor

make belief signature of the pw1

pieces of evidence

quantum meruit

respect of the sub contract

reversal of the decision of the trial court

said subcontract

services of the respondent

terms of the subcontract

testimony of the pw1

trial court coram

written response

MONICA BOLNA'AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): Solel Boneh (Nigeria) Ltd which is the Appellant and shall herein be so referred to is the main contractor to the University of Port Harcourt Teaching Hospital Project. Canitec International Company Ltd is the Respondent and a subcontractor to the Appellant. The services of the Respondent were employed by the Appellant to execute the laying of terrazzo works and skirting works in "Block J" at the University of Port Harcourt. The said subcontract was settled at the rates of ₦1,400.00 (One thousand four hundred Naira) per square metre and ₦300.00 (three hundred Naira) per linear metre respectively. The terms of the subcontract were documented and executed as the subcontract Agreement as exhibited in "Exhibit. A" (pg 21-24 of the records for this appeal referred). The job was successfully executed and duly paid for in terms of "Exhibit A".

The Appellant subsequently made another offer to the Respondent termed "an e…

SOLEL BONEH NIGERIAL LTD. V. CANITEC INTERNATIONAL COMPANY

SOLEL BONEH NIGERIAL LTD.
V.
CANITEC INTERNATIONAL COMPANY