BIKAY ENGINEEERING LTD V. GOVERNOR, ONDO STATE & ORS

NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment): Endorsed on the writ of summons dated 30th September, 2005 and issued at the Registry of the High Court of Justice Akure Ondo Judicial Division and reproduced in the amended statement of claim dated 17th November 2005 is the appellant's claim against the respondents:

"The plaintiff's claim against the defendants jointly severally is the sum of N100,000,000.00 (One hundred million naira) being special and general damages for breach of contract against the defendants on an agreement with the plaintiff dated the 1st day of February, 2002 awarded the design, supervision and contract management for the rehabilitation of Ilutitum - Omotosho Roads Ondo State of Nigeria to the plaintiff. The defendants had refused or neglected to fulfil the contract despite repeated demands."

See page 10 of the records.

If the amended statement of claim dated 17th November, 2005 was filed in Court, the record does not indicate the date it was f…