Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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…

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