1ST CONCEPT ASSOCIATES (NIGERIA) LIMITED V. TROPICS FINANCE & INVESTMENT COMPANY LIMITED

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Lagos State delivered on the 18th day of April, 2005 by Hon Justice B. Rhodes-Vivour (as he then was) wherein the plaintiff's claim was dismissed.

The appellant as the plaintiff had by a writ of summons and statement of claim dated 29/6/1998 instituted this action against the defendant (now Respondent). By an amended statement of claim dated 13/10/98, it claimed the following reliefs:

"1. A declaration that the defendant has no right to terminate a contract made exclusively between the plaintiff and WORKS and to which it is not a party.

2. N1,403,249.50 as per Nigerian Institute of Architects of Nigeria being the fee for consulting in respect of architecture, structural engineering and quantity surveying rendered directly to the defendant and separate from the contract between the plaintiff and WORKS in respect of 12 AA Ruxton Road, Ikoyi, Lagos,

3. N622,485,00…