CORAM

KAWU

 UWAIS

Uzo Ifeyinwa Ndukwe-Anyanwu JCA

OLAJIDE ATAWURA – JUSTICE, SUPREME COURT

PARTIES

GEORGE C. ASHIBUOGWU APPELLANTS

THE A-G. OF BENDEL STATEMR. PIUS EGHOMIELEN (Liquidator, Niger Agencies Ltd.) RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff via a letter from the ministry of works and transport was appointed Architectural Consultants for the design of some buildings. After several meetings with the defendants, the plaintiff carried out some with respect to the project and then demanded payment for those steps from the defendant which the defendant failed to make.

HELD

The Court dismissed the appeal and affirm the judgments of the trial Court. Cost was awarded against the appellant.

ISSUES

1. Was the Court of Appeal right in failing to examine the liability of the respondent who, in issuing Exhibit 2 did not expressly say that he was acting as an agent for NAIL so as to exclude his liability as principal? 2. Does the fact that the appellant thought at all times that NAIL was employer shift the liability of the respondent, who issued Exhibit 2 without express exclusion of liability on his part, and who at no time repudiated liability and even offered the appellant N50,000.00 in settlement of his claim?

RATIONES DECIDENDI

CASES CITED

NONE

STATUTES REFERRED TO

NONE|

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