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SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED V. EDWARD AZUKAEME & ORS

(2010) JELR 37665 (CA)

Court of Appeal  •  CA/PH/198/2006  •  13 Dec 2010  •  Nigeria

Coram
ISTIFANUS THOMAS JCA; JCA; EJEMBI EKO. JCA; TUNDE OYEBANJI AWOTOYE JCA;

Appearances
O.J. Irerhime with G. Halliday For Appellant E. B. Edoki (Mrs.) For Respondent

Judgement

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): The 1st Respondent, as the plaintiff, had approached the Rivers State High Court (coram: P.N.C. Agumagu, J) claiming against the Defendants jointly and/or severally the following reliefs-

a.The sum of N46,165,000.00 being agreed 10% commission with the 1st Defendant and professional and project Management fee as Consulting Engineer for is Defendant on the total value of contract No 09860 awarded by the 3rd Defendant to the 1st Defendant for which the 2nd Defendant is a financier thereof.

b. Interest thereon the said sum at the rate of 21% from January 2000 till judgment and thereafter at 10% until final liquidation thereof.

The suit was originally brought on the undefended list procedure. In due course it was transferred to the general cause list. The Defendants in the suit were

1. EDEBEKA INDUSTRIAL SERVICES LTD

2. FORTUNE INTERNATIONAL BANK PLC

3. SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD.

The 3rd Defendant is the presen…

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