<p><strong> </strong><strong><span style="background-color: transparent">KEKERE-EKUN JSC (DELIVERING THE LEADING JUDGMENT): </span></strong><span style="background-color: transparent">This is an appeal against the judgment of the Court of Appeal, Abuja Division delivered on 3 June 2011 dismissing the appellant’s appeal and allowing the respondent’s cross-appeal against the judgment of the High Court of the Federal Capital Territory (hereafter referred to as the FCT) delivered on 29 June 2010. </span></p><p><span style="background-color: transparent">The facts that gave rise to this appeal are as follows: the appellant, a company registered in Nigeria, carries on the business of civil, mechanical and electrical engineering and construction work. The respondent is the statutory body responsible for the orderly development and administration of the FCT. The appellant approached the respondent with a proposal for the provision of infrastructural facilities at Mabushi and Katampe Districts of the FCT. At a meeting held on 6 July 2004 between the parties, the appel ant’s proposal was approved. </span></p><p><span style="background-color: transparent">A Memorandum of Understanding (MOU) was drawn up and signed by the parties on 13 Jul…</span></p>