CASE DIGEST - CONTRACT: QUANTUM MERIUT; WHEN WORK IS DONE AT A DEFENDANT'S REQUEST, CAN A PLAINTIFF RECEIVE THE VALUE OF THE WORK DONE OR SERVICE RENDERED ON QUANTUM MERUIT?

C.G.C. NIGERIA LIMITED v. ALH. MUSTAPHA ISA

SUPREME COURT OF NIGERIA

(KEKERE-EKUN; GARBA; OGUNWUMIJU; SAULAWA; JAURO, JJ.SC)

The defunct Petroleum Trust Fund (PTF) awarded a contract for the building of a dam at Sabke Village, Daura Local Government Area of Katsina State to C.G.C. Nigeria Limited (the Appellant). The Appellant in turn subcontracted to Alh. Mustapha Isa (the Respondent) for the building of eleven residential quarters where the
Appellant's Senior Engineers would reside. The Respondent was given a design made by a company for the building of the residential quarters. However, before the construction of the residential quarters commenced, the Appellant gave the Respondent another design made by another company. The specifications contained in the two building plans were different as one contained a usable area of 173 metres, while the other had a usable area of 110 metres. There were also differences relating to roofing, tiling, ceiling, doors, etc.