(1997) JELR 45398 (SC)    

Supreme Court  ·  SC.45/1991 ·  18 Jul 1997 ·  Nigeria
Other Citations
Udom v E. Micheletti & Sons. Ltd. (1997) 8 NWLR (Pt.516)187
Udom v. E. MichelettiSons. Ltd. (1997) 8 NWLR (Pt. 516) 187
MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
building contract
court of appeal
contract price
trial court
balance of the contract price
briefs of argument
loss of rent
decision of the court of appeal
leading judgment
statement of claim
sum of n21.800
time of completion
24th day of november
account of the defendant
agreed contract price
amended statement of claim
benefit of the opinion of the judges
breach of the building contract
careful consideration of the case
complete agreement
considered judgment
defects of the completed contract
exhibit k
following cases
high court
historical background of the case
instant appeal
issue of performance
j. j. c. a.
judgment of the high court
learned authors of chitty
learned justices of the court
notice of appeal
parties vide paragraph
rules of this court
said brief
separate houses
state of the works
s. u. onu
written building contract

S. U. ONU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Enugu Judicial Division (Coram: Macaulay, Oguntade and Uwaifo. J. J. C. A.) delivered on the 24th day of November. 1988 wherein that court set aside the judgment of the High Court delivered in the case on the 16th day of January, 1980, and entered judgment for the Defendant/Respondent/Appellant (hereinafter simply referred to as Defendant).

The historical background of the case giving rise to the appeal may be summarised as follows:-

The Defendant, who is a medical practitioner by profession, entered into a written building contract with the Plaintiff/Appellant/Respondent (hereinafter referred to as Plaintiff) for the construction by the Plaintiff of two separate houses at the Defendant's leasehold property situate at Plot 'L' Lugard Avenue Extention, GRA, Enugu known as Nos. 6 and 8 Federal Crescent, G.R.A., Enugu. The agreed contract price was then N27,000.00 (Twenty-s…

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