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ARCHITECT E.O. OLAOPA V.OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE

(1997) JELR 45411 (SC)

Supreme Court  •  SC/91/1990  •  20 Jun 1997  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; MICHEAL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

WALI, JSC (Delivering the Leading Judgment): By a writ of summons taken out in the Oyo State High Court, Ife Judicial Division, the plaintiff claimed against the defendant as follows:-

"The plaintiff's claim is for the sum of ₦159,875.00 being the professional fees including incidental expenses incurred by the plaintiff payable to the plaintiff by the defendant in respect of the contract entered into between the plaintiff and the defendant for the designing of a Proposed Commercial Complex for the University of Ife Educational Zone, Oyo Road, Ibadan sometime in 1978. The defendant has failed and still refuses to pay the said sum after completion of the said job by the plaintiff despite repeated demands."

The defendant denied the plaintiff's claim and pleadings were ordered filed and exchanged and amended with the leave of the trial court. In paragraph 29 of the Amended Statement of Claim the relief claimed by the plaintiff was set out as follows:

"WHEREOF the plaintiff's claim is for …

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