MONIER CONSTRUCTION COMPANY NIGERIA LIMITED V. E. AGBEJURE ENTERPRISES LIMITED

CHIOMA E. NWOSU-IHEME, J.C.A. (Delivering The Leading Judgment): The Appellant here was the Defendant while the Respondent was the Claimant at the Lower Court by a Specially Endorsed Writ, the Respondent claimed against the Appellant the sum of N4,053,902.82k as consideration due the Respondent amongst other reliefs.

The learned trial Judge P.N.C. Agumagu on the 19th of January, 2007 held that the Respondent executed satisfactorily the sub-contract awarded to him by the Appellant and awarded the sum of N4,053,902.82k to the Respondent as balance of his unpaid contract sum and 25% pre- judgment interest. Aggrieved with that Judgment the Appellant now appealed to this Court.

By the said Specially Endorsed Writ the Respondent (Claimant) at the Lower Court sought the following reliefs:

"(a) Consideration due to plaintiff under sub contract from defendant. Which consideration defendant has failed, refused and/or neglected to pay over to the claimant, N4,053,902.82k.

(b) Extra costs incurre…