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AIROE CONSTRUCTION AND CIVIL ENGINEERING COMPANY LIMITED V. THE UNIVERSITY OF BENIN

(1985) JELR 45272 (SC)

Supreme Court  •  SC.54/1984  •  1 Mar 1985  •  Nigeria

Coram
MOHAMMED BELLO JSC ANDREWS OTUTU OBASEKI JSC AUGUSTINE NNAMANI JSC MUHAMMADU LAWAL UWAIS JSC CHUKWUDIFU AKUNNE OPUTA JSC

Judgement

M. L. UWAIS, J.S.C (Delivering the Leading Judgment): The appellant company, as plaintiff, brought an action in the Bendel State High Court, Benin City, against the respondent as defendant. Paragraph 31 of the plaintiff's statement of claim which specified the nature of the suit against the defendant

reads:

"And the plaintiff claims the sum of ₦150,000.00 made up of Special and General Damages for Award of Contract entered into between the plaintiff and the Defendant on the 2nd December, 1975 (sic) and 2nd April, 1975 respectively.

SPECIAL DAMAGES

(a) In respect of Senior Staff Quarters one ₦44,412.50

Modern type 3 etc - ₦44,412.50

(b) In respect of the Professorial

Building and boys' Quarters- ₦17,767.29

₦62,197.29

General Damages ₦87,821.21

Total ₦150,000.00(sic)

(c) The Plaintiff also claims 10% Bank Rate interest or the current bank rate interest on the Special claim (sic) of ₦62,179.79 (sic) from 5th October, 1977 until judgment is given in this case by this Honourable Court

(e) …

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