GOVERNMENT OF BAYELSASTATE ATTORNEY-GENERAL OF BAYELSASTATE COMMISSIONER, MINISTRY OF WORKSAND TRANSPORT ACCOUNTANT-GENERAL OF BAYELSA STATE COMMISSIONER, MINISTRY OF BUDGET V. ASCOT FLOWLINE NIGERIALTD ( FORMERLY WILBROS NIGERIA LIMITED)

FASANMI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Bayelsa State High Court of Justice in suit No. YHC/173/2011 delivered on 8 March 2012. The lower court entered judgment in favour of the respondent in the sum of N719,688,362,43 (seven hundred and nineteen mil ion, six hundred and eighty-eight thousand, three hundred and sixty- two naira and forty-three kobo) only being the sum due to the respondent from the contract between the appellants and therespondent for the sand-filling of the Niger Delta University permanent site since January 2009 to June 2011 by the appel ants. The respondent commenced this suit against the appellants jointly and severally for recovery of outstanding debt due to the respondent, as a result of a contract executed by the respondent for Bayelsa State government represented by the appellants. The writ of summons together with the statement of claim and other processes were filed and served on the appellants. The claim o…