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BAUCHI STATE GOVERNMENT & ANOR v. UNI CONTRACTORS NIGERIA LIMITED & ORS

(2014) JELR 36509 (CA)

Court of Appeal  •  CA/J/21/2005  •  10 Apr 2014  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; CHIOMA EGONDU NWOSU-IHEME JCA; IBRAHIM SHATA BDLIYA JCA;

Judgement

CHIOMA E. NWOSU-IHEME (Ph.D), J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Justice Bauchi State delivered on the 3rd of February 1997. The 1st Respondent (Plaintiff) at the lower Court claimed against the Appellants (Defendants) at the lower Court seeking the reliefs as set out in the amended statement of claim as follows:

"A. A declaration that the Defendants have breached the contract Agreement;

B. An order of specific performance of the contract,

Alternatively:

i. General Damages of $7, 000,000.00 for repudiation of the contract agreement by the Defendants.

ii. Special damages by way of quantum meruit

(a) $5,104,200.00

(b) N415,609.00

Parties joined issues and to prove its case, the 1st Respondent called one witness-Rudoff Mandarago its Managing Director.

Even though the Appellants filed a statement of defence which they later amended, they chose not to call any witness placing their case on that of 1st Respondent.

The learn…

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