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DALEK NIGERIA LIMITED V. OIL MINERAL PRODUCING AREAS DEVELOPMENT COMMISSION (OMPADEC)

(2007) JELR 48110 (SC)

Supreme Court  •  SC.74/2002  •  23 Feb 2007  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC DAHIRU MUSDAPHER JSC SUNDAY AKINOLA AKINTAN JSC WALTER SAMUEL NKANU ONNOGHEN JSC IKECHI FRANCIS OGBUAGU JSC

Appearances
Chief Mike Ozekhome (with him, Richard Lifu) For the Appellant; Ben Anachebe (with him, A. A. Akpamgbo and Emmanuel Okoro) For the Respondent.

Judgement

D. MUSDAPHER, J.S.C (Delivering the Leading Judgment): In the High Court of Justice of Delta State of Nigeria, Holden at Sapele and in suit No. S/78/98 the plaintiff by its writ of summons claimed against the defendant the following:"

(a) N211,157,536.00 being outstanding debt in respect of professional fees for engineering and management consultancy services for 192 projects, the first assignment.

(b) N18,147,224.26k being unpaid professional engineering and management consultancy services for the Omadino project and access roads.

(e) Interest to date with effect from 20th March, 1997 on the N211,157,536.00 being outstanding debt for the first assignment.

(f) Interest with effect from 5th October, 1997 on N18,147,224.26k being fees for Omadino project and access roads, the second assignment."

By its pleadings, the plaintiff averred that it is a registered limited liability company comprising of a consortium of engineers, land surveys, architects and computer experts. By a letter of 1…

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