ALTIMATE INVESTMENTS LTD V. CASTLE AND CUBICLES LTD

OMOKRI JCA (Delivering the Lead Judgment): This is an appeal against the decision of Hon. Justice E. Ita of the High Court of Cross River State, sitting in Calabar, delivered in suit No. HC/224/2000 on 26/5/2005.

On the 1/6/2000, the appellant as plaintiff instituted proceedings against the respondent who was the defendant in the following terms:

“1. The plaintiff’s claim against the defendant is in the sum of ₦517,877.57k (five hundred and seventeen thousand, eight hundred and seventy-seven naira, fifty-seven kobo only) being sum/sums due to the plaintiff as facilitation fees for procuring a contract for the completion of the religious building at the University of Calabar from the Education Tax Fund, for the defendant.

2. As consideration for their services, it was agreed that the plaintiff be paid the sum of ₦1,730,000.99 (one million, seven hundred and thirty thousand naira, ninety-nine kobo only) in the same percentage proportion as the defendant is paid by the Education Tax Fund…