Architect E.O. Olaopa V. Obafemi Awolowo University, Ile-Ife (1997)

LAWGLOBAL HUB Lead Judgment Report

WALI, J.S.C.

By a writ of summons taken out in the Oyo State High Court, Ife Judicial Division, the plaintiff claimed against the defendant as follows:-

“The plaintiff’s claim is for the sum of N159,875.00 being the professional fees including incidental expenses incurred by the plaintiff payable to the plaintiff by the defendant in respect of the contract entered into between the plaintiff and the defendant for the designing of a Proposed Commercial Complex for the University of Ife Educational Zone, Oyo Road, Ibadan sometime in 1978. The defendant has failed and still refuses to pay the said sum after completion of the said job by the plaintiff despite repeated demands.”

The defendant denied the plaintiff’s claim and pleadings were ordered filed and exchanged and amended with the leave of the trial court. In paragraph 29 of the Amended Statement of Claim the relief claimed by the plaintiff was set out as follows:

“WHEREOF the plaintiff’s claim is for the sum of N159,875.00 being the professional fees including expenses incurred by the plaintiff payable to the plaintiff by the defendant in respect of the contract entered into between the plaintiff and the defendant for the designing of a Proposed Commercial Complex for the University of Ife Educational Zone, Oyo Road, Ibadan sometime in 1978. The defendant has failed and still refuses to pay the said sum after completion of the said job by the plaintiff despite repeated demands.”

The case proceeded to trial after settlement of pleadings with each party calling wirnesses and putting in some documents in proof of his case. Learned counsel on both sides addressed the court after which judgment was reserved. In his well considered judgment the learned trial Judge, Adekola, made findings of fact and law relating to the issues raised in the case and concluded:

“It s my view that pulling together exhibits A, B, C, and D, they are not enough to constitute a valid contract between the plaintiff and the defendant which would make the defendant liable for the payment of the sum of N159,875.00 as professional fees for the design drawings exhibit E made out by the plaintiff in this case.

By reason of the foregoing points, I finally hold that there was no formal contract between the plaintiff and the defendant.”

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“Having regard to the foregoing points, I have come to the irresistible conclusion that the plaintiff is entitled to a claim on quantum meruit from the defendant in respect of the sketch drawings which he submitted to the defendant in respect of the project at the Education Zone, Ibadan.”

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“It is my view, having regard to the type of work done on the sketch drawings exhibit E coupled with the trade usage as revealed by the evidence given by the 4th P.W. in this case, that an amount of N15,000.00 should be a reasonable and fair fee for the services rendered by the plaintiff in the preparation of the sketch drawings. That shall be the judgment of the court in this case.”

The plaintiff appealed against the judgment while the defendant cross appealed against the same on the issue of award of N15,000.00 on quantum meruit, to the Court of Appeal Division, Ibadan. In a unanimous judgment of the Court of Appeal the lead of which was delivered by Ogwuegbu JCA (as he then was), the main appeal by the plaintiff was dismissed while the cross appeal on the issue of the award of quantum meruit was allowed and the amount so awarded was set aside and the defendant was awarded N400.00 costs against the plaintiff for the whole appeal.

Aggrieved by the decision, the plaintiff has now appealed to this court. After obtaining necessary leave of the Court of Appeal and then later of this court, the plaintiff was granted leave to appeal on grounds 3 and 6 by the Court of Appeal and on grounds 1,2,4 and 5 by this court. As a result the parties filed and exchanged briefs of argument.