GOVERNOR OF IMO STATE & ORS V. MONIER CONSTRUCTION COMPANY NIGERIA LIMITED

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The appellants are defendants in Suit No. HOW/248/2013 wherein the Respondent as Claimant in paragraph 16 of its Statement of Claim claimed of the defendant as follows:-

16. Wherefore the Claimant claims against the Defendants jointly and severally as follows:

(i) The sum of N104,231,310.65 (One Hundred and Four Million, Two. Hundred and Thirty-one Thousand, Three Hundred and Ten Naira, Sixty-five Kobo) being money due and payable to the Claimant by the Defendants for works done/executed in respect of the contract to reconstruct Akwakuma Roundabout at Orlu Road, Owerri. The Defendants have despite repeated demands failed, refused and or neglected to pay or liquidate the debt.

(ii) The sum of N43,568,758.27 (Forty-three Million, Five Hundred and Sixty-eight Thousand, Seven Hundred and Fifty-eight Naira, Twenty-Seven Kobo) being interest for delayed payment of the aforesaid money owed.

(iii) Interest on the aforesaid sum at th…