ONYEMENAM JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Rivers State High Court holden at Port Harcourt before Honourable Justice B. A. Georgewill delivered on 28 July 2008 in suit No. PHC/1843/2006. By writ of summons filed on 21 December 2006 and its amended statement of claim dated 28 April 2008, the respondent as claimant claimed the following reliefs against the appellant as defendant. (i) “A declaration that the claimant is entitled to be paid for work authorizations duly completed under contract No. FAC-2005- 40021790 made between the claimant and SNC-LAVALIN GDS Incorporated of USA on the one part and the defendant on the other part.
) A declaration that the failure and/or refusal by the defendant to pay for the completed work under the contract after taking benefit thereunder is a breach of the contract between the claimant and the defendant.
) An order directing the defendant to pay to the claimant the sum of USD 800,670.86 (eight thousand…