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FAK ENGINEERING CONSTRUCTION COMPANY NIGERIA LIMITED v. GOVERMENT OF BAYELSA STATE OF NIGERIA & ANOR

(2018) JELR 42103 (CA)

Court of Appeal  •  CA/PH/48/2015  •  12 Mar 2018  •  Nigeria

Coram
THERESA NGOLIKA ORJI-ABADUA JCA CORDELIA IFEOMA JOMBO-OFO JCA BITRUS GYARAZAMA SANGA JCA

Judgement


BITRUS GYARAZAMA SANGA, J.C.A. (Delivering the Leading Judgment): By an endorsed Writ of Summons and a Statement of Claim dated 17th July, 2013 the Appellant as Claimant was claiming for the following reliefs against the Respondents as Defendants before the High Court of Bayelsa State Yenagoa Judicial Division:

1. A declaration that the Claimant has a subsisting contract with the 1st Defendant for the construction of Glory Drive Road, Phase 2, from Igbogene Round About to Government House, Yenagoa Bayelsa State.

2. The sum of ₦479,733,826.30 being amount due and payable under the contract to the Claimant by the Defendants for continued works certified by the Defendants.

3. Interest on the judgment sum at the rate of 10% per annum from 8/10/2012 to the date of judgment and thereafter at the rate of 10% until final liquidation of same. (pages 9-10 of the record of appeal)

Accompanying the Claimants claims are list of 2 witnesses and their depositions and list of documents to be relied upon …

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