Arc. Akin Olusola & Ors V. Trusthouse Properties Ltd & Anor (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HON. JUSTICE I. M. M. SAULAWA, J.C.A. (Delivering the Leading Judgment)

The present appeal was brought by the four Appellants against the judgment of the High Court of Lagos State delivered by A. A. Phillips, J on the 27th day of May, 2005.

On 21st April, 1998, the Appellants filed in the court below a writ of summons and a statement of claim of 13 paragraphs against the Respondents in suit No.ID/889/98. By the 14 paragraphed amended statement thereof, dated 21st January, 1999, the Appellants prayed the lower Court for the following relief:-

’14. Whereof the Plaintiffs claim jointly and severally against the defendants as follows:

(i) The sum of 6,862, 705. 06 (six million, Eight Hundred and Sixty two Thousand, Seven Hundred and Five Naira, six kobo) being the total sum payable by the defendant to the plaintiffs for pre-contracts consultancy services rendered by the Corporate Alliance and General Insurance Company Limited, at Plot 5E, Ligali Ayorinde Street, Victoria (sic) Island, Lagos. In accordance with the Federal Government approved scale for consultancy services based on a preliminary project estimate of N64,994,522.00

A. ARCHITECT – N1,949,856.28

B. STRUCTURAL ENGINEER – N1,124,917.82

C. MECHANICAL/ELECTRICAL ENGINEER -N1,541,139.06

D. QUANTITY SURVEYOR -N1,126,792.00

E. EXTRASERVICES -N 500,000.00

F. REIMBURSIBLE EXPENSES -N 500,000.00

G. PLANNING APPROVAL FEES -N 120,000.00

TOTAL -N6,862,705.06

(ii) Interest at the rate of N21% per annum an the said sum from 2nd October, 1996 until judgment and thereafter at 6% per annum until the entire sum is fully liquidated.”