Before Their Lordships
KAYODE ESO Justice of The Supreme Court of Nigeria
SAIDU KAWU Justice of The Supreme Court of Nigeria
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria
ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria
PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria
Between
GEORGE C. ASHIBUOGWU –Appellant
AND
1. THE ATTORNEY-GENERAL, BENDEL STATE
2. MR. PIUS EBHOMIELEN
(Liquidator Niger Agencies Ltd.)-Respondents
…………………….A…………………….
K. ESO, J.S.C. (Delivering the Leading Judgment): Before D. O. Ikomi J. the following facts came to light. The Plaintiff, who is now the Appellant in this Court, as he was in the Court of Appeal, and who would hereinafter be referred to indiscriminately as the Appellant or the Plaintiff got a letter dated 1st November 1974 from the Ministry of Works and Transport, signed by one Mrs. J. N. Nsolo “for Permanent Secretary” saying-
“Ashibuogwu Design Associates,
Chartered Architects & Planning Consultants,
12 Kernel Street,
Sun Love,
P. O. Box 1025,
Lagos.Dear Sir,
Proposed Headquarters Buildings for Niger Agencies International Limited
I am directed to inform you that you have been appointed Architectural Consultants for the design of the above headquarters buildings.
2. Could you please contact the Chairman/Managing Director of the Niger Agencies International Ltd. at Sapele Road for all the necessary briefing.
3. Your remuneration will be in accordance with N.I.A.Conditions of Engagement and Scale of Charges.”
(See Exhibit 2)
