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ATTORNEY-GENERAL OF ANAMBRA STATE V. C. N. ONUSELOGU ENTERPRISES LTD.

(1987) JELR 47926 (SC)

Supreme Court  •  SC.122/1986  •  20 Nov 1987  •  Nigeria

Coram
KAYODE ESO JSC; AUGUSTINE NNAMANI JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC; SALIHU MODIBBO ALFA BELGORE JSC;

Judgement

BELGORE, J.S.C. (Delivering the Leading Judgment): The respondent, C.N. Onuselogu Enterprises Ltd., was on 14th June, 1977 awarded a contract for the construction of Awka-Etiti-Isieke road by the Anambra State Government represented as defendant by the appellant in this appeal. The value of the contract was N6,738,585.00 and was to be completed in seventy eight weeks. Work started in earnest but by November, 1979, the Anambra State Government was falling into arrears in the payment on interim certificates of works done. The respondent none the less remained on the site and carried on those works he could possibly execute. But by 27th November, 1979 the agent of the appellant had declined signing any further interim certificates claiming he had instruction to do so; thus the interim certificate No. 16 valued at N500,000.00 was not signed. There was an interim certificate No.15 signed for the sum of N77,491.80 for which no payment was made, The term of the contract stipulated payment on…

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