WEMABOD ESTATE LIMITED V. ADESOYE SIMEON OSINUGA

EMMANUEL OLAYINKA AYOOLA, J.C.A. (Delivering the Leading Judgment): The respondent ("the Plaintiff") sued the Appellant ("the defendant") on a contract. He claimed the sum of N300,805.00 specified, in his statement of claim filed with the writ of summons which superseded the writ, as made up of the following:-

"21.1. N65,625.00 for Professional Services rendered;

21.2. N35,000.00 as loss of profit of work carried to stage III of the contract;

21.3. N250 referred for re-allocation form;

21.4. Interest on the total sum of N300,875 with interest thereon at 13% per annum from 7/7/83 till total liquidation of the debt, from the Defendant for breach of contract."

In November 1986, the plaintiff applied for summary judgment pursuant to 010 Rules 1 and 2 of the High Court of Lagos State (Civil Procedure) Rules (the Rules). He stated in his affidavit among other things that:

(1) there was an agreement between the plaintiff and the defendant whereby a consultancy contract was entered into, by w…