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DR. E. D. OBIALO & ORS V. AMAOBI ALFRED UGOCHUKWU

(2002) JELR 41209 (CA)

Court of Appeal  •  CA/PH/217/98  •  11 Feb 2002  •  Nigeria

Coram
SYLVANUS ADIEWERE NSOFOR JCA; MICHAEL EYARUOMA AKPIROROH. JCA; ABOYI JOHN IKONGBEH JCA;

Appearances
E. C. Ubakonu, Esq., For Appellant E. C. Mere, Esq., For Respondent

Judgement

ABOYI JOHN IKONGBEH, J.C.A. (Delivering the leading judgment): The appellants carried on the business of estate surveyors. The respondent carried on the business of business consultants. On 13/07/87 the appellants engaged the services of the respondent for the purpose of securing for them a contract from the old Imo State Government for the rating and valuation of Aba/Obioma Ngwa rating and valuation area. They entered into a written agreement on the same day for the purpose. By the agreement the respondent was to be paid by the appellants30% of the contract fee as consultancy fees. In addition the respondent was to share the balance of 70% equally with the five appellants.

A contract worth N1, 600, 000.00 was later awarded to the appellants and they duly executed it. In course of time the first instilment was paid to them and they worked out 30% of it and paid same to the respondent. Thereafter nothing further was forthcoming from them despite the fact they had received further payme…

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