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H.G.R. LIMITED v. BIKEM LIMITED

(2009) JELR 47255 (CA)

Court of Appeal  •  CA/A/152/07  •  6 Apr 2009  •  Nigeria

Coram
MARY U. PETER-ODILI JCA; OYEBISI FOLAYEMI OMOLEYE JCA; ADDU ABOKI JCA;

Judgement

MARY U. PETER-ODILI, J.C.A.(Delivering the Leading Judgment): The Appellant as plaintiff in the High Court of the Federal Capital Territory (FCT) Coram: Hon. Justice Ndukwe-Anyanwu (as she then was) claimed as follows in the Amended Statement of Claim:-

1. Payment of the sum of N348,786.00 being the cost of additional expenses incurred in the course of developing the site at the instance of the Defendant and or its supervising engineer.

2. Payment of the sum of N258,000.00 being the cost of materials kept on site but which the Defendant had used or converted.

3. Payment of N350,198.00 balance on the actual contract sum.

The Defendant filed its statement of defence and the case proceeded to trial, at the end of which the learned trial Judge dismissed the plaintiff's claim hence this appeal.

FACTS BRIEFLY STATED

The Appellant's case is that it was awarded a building contract by the Defendant/Respondent at a total cost of Three Million, Three Hundred and Fifty Thousand, One Hundred and…

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