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A. I. C LIMITED V. THE EXECUTIVE GOVERNOR OF EDO STATE & ANOR

(2016) JELR 37054 (CA)

Court of Appeal  •  CA/B/269/2013  •  22 Mar 2016  •  Nigeria

Coram
HAMMA AKAWU BARKA JCA; MUDASHIRU NASIRU ONIYANGI JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Edo State delivered on 18th June 2013, wherein the Lower Court dismissed the Appellant's application for mareva injunction and further set aside the order for mareva injunction which it had granted exparte on 9th May, 2013.

The provenance to the application which spawned this appeal is that on 6th May 2013, the Appellant instituted proceedings against the Respondents in Suit No. B/223/2013 claiming the following reliefs:

WHEREOF the Claimant claim as follows:

(1) Payment of Debt owed to the Claimant by the Defendants for the Benin City Water Supply Project covered by Final Invoice as at 31st day of September, 2012 in breach of Clauses 4.6, 14.0 and 20.0 of the agreement dated 7th day of June, 1991.

PARTICULARS

The claimant's claim is as follows and as per Annexure 1 the final Invoice:

EDO STATE WATER SUPPLY PROJECT

Benin City Water Supply Scheme

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