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NIGERCARE DEVELOPMENT COMPANY LTD. V. ADAMAWA STATE WATER BOARD & ORS.

(2008) JELR 47160 (SC)

Supreme Court  •  SC.377/2002  •  7 Mar 2008  •  Nigeria

Coram
NIKI TOBI JSC; SUNDAY AKINOLA AKINTAN JSC; MAHMUD MOHAMMED JSC; IKECHI FRANCIS OGBUAGU JSC; FRANCIS FEDODE TABAI JSC;

Judgement

I. F. OGBUAGU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Jos Division (hereinafter called "the court below") delivered on 10th July, 2002 dismissing the appeal by the appellants to it and affirming the judgment of the High Court Yola Judicial Division of Adamawa State holden at Yola. Dissatisfied with the said decision, the appellants have appealed to this Court on five (5) Grounds of Appeal.

The facts briefly stated, are that the appellant, has won the contract from the 1st and 2nd respondents for the rehabilitation of water treatment plants in Yola, Numan and Mubi in Adamawa State (i.e. the Adamawa State National Water Rehabilitation Project) which was sponsored by the World Bank. On 4th July, 1997, the Sole Administrator of the 1st defendant/respondent terminated/revoked the said contract No. AAD 01 ICB even when the period for the execution of the contract, had not elapsed. As a result of this revocation, the Appellant…

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