SET SUCCESS ENTERPRISES & CO LTD V. IBEJU-LEKKI LOCAL GOVERNMENT COUNCIL & ANOR

IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. (Delivering the Leading Judgment): The present appeal is a natural reaction by the Appellant against the judgment of the Court of Appeal, Lagos Judicial Division, delivered on June 12, 2008 in appeal no. CA/L/489/2005. By the judgment in question, the Court below, coram Ogunbiyi, JCA (as then was), Mshelia and Nwodo, JJCA, dismissed the Appellant's appeal against the Judgment of the trial High Court delivered on May 19, 2005 (LD/1037/2002), which dismissed in part the Appellant's claim against the Respondent for outstanding balance of contract sum and damages for breach of contract.

BACKGROUND FACTS

The Appellant is a limited liability company having the registered office thereof at 20/22 Adedoyin Street, Ketu, Lagos Slate. On the other hand, the Respondent is a Local Government Council having its Administrative Secretariat al Akodo, Lagos State.

​The genesis of the case leading the to instant appeal is traceable to May 27, 2002. Indeed, that was the…