THE MILITARY ADMINISTRATOR, FEDERAL HOUSING AUTHORITY & ANOR VS C.O. ARO
July 14, 2025F.A. AKINBOBOLA VS PLISSON FISKO NIGERIA LTD & ORS
July 14, 2025Legalpedia Citation: (1991-01) Legalpedia 34176 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Jan 25, 1991
Suit Number: SC 138/1987
CORAM
A.O. OBASEKI, JUSTICE SUPREME COURT
A.G. KARIBI-WHYTE, JUSTICE SUPREME COURT
S.M.A BELGORE, JUSTICE SUPREME COURT
A.B WALI, JUSTIE SUPREME COURT
OLAJIDE OLATAWURA, JUSTICE SUPREME COURT
PARTIES
DEJI OYENUGA
APPELLANTS
INTERNATIONAL COMPUTERS (NIGERIA) LIMITED
RESPONDENTS
AREA(S) OF LAW
LAW OF CONTRACT-PROFFESIONAL CHARGES-DAMAGES- NIGERIAN INSTITUTE OF ARCHTECTS SCALE OF FEES-JUDGMENT OF APPEAL COURT-PRESUMPTION
SUMMARY OF FACTS
The appellant claimed in the trial court against the respondent, the sum of N90,000 being professional fees due for services rendered by him as an architect for and on behalf of the respondent.
HELD
The court held that the appellant was entitled to the proper fees due to the appellant which was 3% of the total cost of development, i.e. N45,000.00
ISSUES
Whether the learned Justice of Appeal were in error in awarding the appellant 1 per cent of the total cost of development in Exhibit P2A6 which is N15,000.00 on the Nigerian Institute of Architects Scale of fees, Exhibit P1.
RATIONES DECIDENDI
PRESUMPTION OF JUDGEMENT
“There can be a presumption of facts, presumption of regularity. It will work injustice to presume that a judgment appealed against is right. Judgment must be based on facts and law. Even in law certain presumptions are rebuttable.” PER OLATAWURA J.S.C.
CASES CITED
None.
STATUTES REFERRED TO
Nigerian Institute of Architects Scale of Fees
