Emmanuel Olamide Larmie V. Data Processing Maintenance & Services Ltd (2005)

LAWGLOBAL HUB Lead Judgment Report

W.S.N. ONNOGHEN, J.S.C.

The appellant instituted an action against the respondent in the High Court of Lagos State claiming the following reliefs in paragraph 27 of the statement of claim:

“27. In view of the defendant’s aforesaid breaches more particularly set out in paragraph 25 above, the plaintiff claim as against the defendant the following reliefs and remedies:-

(i) A declaration that the plaintiff is entitled as against the defendant to specific performance of defendants obligations and undertaking under an agreement evidenced by defendant’s letter of appointment to plaintiff dated 5th March, 1992 and all other verbal assurances, promises and commitments made by defendant’s officials to plaintiff to obtain his assistance in securing the Nigerian Agricultural and Co-operative Bank’s Computer Sales Contract award in defendant’s favour.

(ii) A declaration that the plaintiff is entitled to the remuneration of 5% of the total computer contract price stipulated in the said letter of appointment, the plaintiff having initiated the business contract of the Nigerian Agricultural and Co-operative Bank’s multi-million dollars computer contract to defendant for which plaintiff had not yet been paid any fee whatsoever.

(iii) A declaration that the purported terminal date of 31st December, 1992 in plaintiff’s letter of appointment is of no effect and cannot terminate plaintiff’s right to full payment for services already rendered to defendant prior to that terminal date, in introducing the computer sales contract and pursuing the lobbying activities up to the submission of defendant’s bid and thereafter, since the defendant had already stipulated in the letter that the time of payment of the 5% of the sales commission to plaintiff would be whenever defendant was fully paid, which in effect meant that the actual terminal date agreed by the parties for payment to plaintiff was open ended, i.e. as soon as defendant received full payment and the plaintiff was paid.

(iv) An injunction restraining the defendant from remitting out of Nigeria or otherwise paying out to any person or authority or expending the sum of USD430,317.01 being 5% commission of the contract sum of USD8,606,340.12 payable on the Nigerian Agricultural and Co-operative Bank’s computer contract award to the plaintiff.

(v) Special damages for breach of contract committed by defendant against plaintiff are as follows:

(a) The sum of USD430,317.01 being the agreed 5% commission on the USD8,340.12 dollar contract price on the Nigerian Agricultural and Co-operative Bank’s computer contract award to defendant.

(b) The sum of N90,287.50 being 5% of the naira 1,805,750 price of the same computer sales contract.

(c) 5% of the annual maintenance charges being ancillary services under the computer contract calculated upon the charges the defendant made on the ancillary and maintenance contract on the computer equipment supplied under the Nigerian Agricultural and Co-operative Bank’s computer contract.

(d) Interest of 21% per annum on items (a)-(c) from the date payments were received from the Nigerian Agricultural and Co-operative Bank by the defendant until the date of this writ of summons.

(vi) General and exemplary damages for breach of contract in the sum of N100million representing compensation to plaintiff for the loss of business opportunities and the commitment of the human material and financial resources to the enhancement of the core business interest of the defendant in Nigeria from March, 1992 up to date.

(vii) An order compelling defendant to immediately pay into an escrow account, in Nigeria in the joint names of plaintiff and defendant the amounts claimed under paragraph (v), (a)-(c) above until the final judgment of this court.”