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DELTA HOLDINGS NIGERIA LIMITED & ANOR V. PCM TECHINO ENGINEERING LIMITED

(2012) JELR 35132 (CA)

Court of Appeal  •  CA/PH/141/2009  •  3 Jul 2012  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; PAUL ADAMU GALINJE JCA; TUNDE OYEBANJI AWOTOYE JCA;

Appearances
Golden Awi For Appellant M. S. Agwu For Respondent

Judgement

P. A. GALINJE, J.C.A. (Delivering the Leading Judgment): In it's amended statement of claim dated 6th December, 2004 and filed on the same date, the Respondent herein claimed against the appellants at the Rivers State High Court, jointly and severally the sum of N26,998,465.75 (Twenty Six Million, Nine Hundred and Ninety Eight Thousand, Four Hundred and Sixty-Five Naira, Seventy-Five Kobo) being outstanding debt owed to the respondent by the appellants in respect of the completed and submitted bill of designing, costing and submitted two models of the National Museum, Olombini Oil Field Ogbia Town, Bayelsa State.

In addition, the respondent claimed 10% interest per annum on the total sum claimed from 29th of October, 1998 till judgment and the same rate of interest on the judgment sum until same is finally liquidated.

Parties had joined issues when the appellants filed their statement of defence on the 7th of March, 2001.

The learned trial judge, Akpughunum J. Set the case down for t…

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