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KREST INVESTMENT LIMITED v. WEST AFRICAN PORTLAND CEMENT

(2016) JELR 33244 (CA)

Court of Appeal  •  CA/L/593/2011  •  15 Dec 2016  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; TIJJANI ABUBAKAR JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the High Court of Lagos State, Lagos Division delivered on the 23rd day of November, 2010 by K. A. Jose (Mrs.) J. in suit No: ID/1027/2008.

By way of short summary of facts giving rise to this appeal, the Claimant/Appellant/Cross Respondent in this appeal was commissioned by the Defendant, Respondent/Cross Appellant in this appeal by Local purchase order dated 28th August 2006, to remove from its site 200,000 bulk cubic meter of what the claimant described as "over burden" at N210 per bcm. The Claimant immediately mobilized to Defendants Shagamu site and hired earth moving machines, two scrappers and a bulldozer towards executing the contract. In the process of executing the contract, the Claimant informed the Respondent that it had already evacuated 80,000 bcm of over burden, the Defendant disputed this figure and said the Claimant had only evacuated 10, 670 bcm, the disagreement in the …

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