PAUL ADAMU GALUMJE, J.S.C. (Delivering the Leading Judgment): The appellant herein is a company incorporated in Nigeria with limited liability, and carries on the business of Design Engineering and construction in the Hydrocarbon Oil and Gas Sector in Nigeria.
The respondent is a company incorporated in Nigeria with limited liability and carries on the business of Natural Hydrocarbon Gas exploitation, transmission, management, distribution and sales.
Sometimes in March 1999, the appellant and the respondent entered into a written contract No. L01408 for the design and construction of subsurface and Submarine Natural Gas Pipeline for transmission and distribution of Natural Gas to Agbara and Ota, which contract had an effective date of commencement of 15th March,2000 and a scheduled completion date of 20th October, 2000. The original contract ceiling stipulated in the contract was N393,563,264.00 and US$8,803,388.80.
During the execution of the contract, the appellant claimed that he incu…