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CASTLES & CUBICLES LTD. V. ALTIMATE INVESTMENTS LTD.

(2003) JELR 44907 (CA)

Court of Appeal  •  CA/C/147/2001  •  18 Feb 2003  •  Nigeria

Coram
SIMEON OSUJI EKPE JCA; SULE AREMU OLAGUNJU JCA; ISTIFANUS THOMAS JCA;

Judgement

SIMEON OSUJI EKPE, J.C.A. (Delivering the Leading Judgment): The claim of the plaintiff as endorsed on the writ of summons against the defendant is as follows:-

"(1) The plaintiff's claim against the defendant is in the sum of N517,877.57k (five hundred and seventeen thousand, eight hundred and seventy-seven Naira and 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 N1,730,000.99 (one million, seven hundred and thirty thousand, ninety-nine kobo only) in the same percentage proportion as the defendant is paid by the Education Tax Fund.

(3) It was an express term of the agreement executed between the parties on the 3rd day of August, 1999, that the plaintiff would be entitled to the same percentage proportion of the …

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