I. NIGERIAN EDUCATIONAL RESEARCH & DEVELOPMENT COUNCIL; ALHAJI AMADI KURFI (CHAIRMAN, NIGERIAN EDUCATIONAL RESEARCH & DEVELOPMENT COUNCIL) DR. U. M.O. IVOWI ( SECRETARY, NIGERIAN EDUCATIONAL RESEARCH & DEVELOPMENT COUNCIL). V. GONZE NIGERIA LIMITED

OLAGUNJU, JCA.: (Delivering the Lead Judgment) In an action for breach of contract instituted at the Onitsha Judicial Division of the Anambra State High Court Judgment was given in favour of the respondent as the plaintiff for N5.5 million ‘damages’ with N10,000 costs against the three appellants, a corporate body established by the Federal Government of Nigeria and her two principal officers, as the defendants. The breach arose from a building contract awarded to the respondent, a firm of building contractors, for construction for the 1st appellant of an Administrative Complex at Sheda village in Abuja for the sum of 44.9 million. Payment for execution of the contract for which no mobilization fee was advanced to the respondent was by valuation of the work executed by the Ist appellant’s Consultant Architect who issued a Certificate of Completion for the level of the work done. The value of the certificate became credit in favour of the respondent for payment on its presentation to…