SMITH ENGINEERING CO. LTD V. NAKSH NIGERIALTD

FASANMI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Rivers State High Court of Justice in suit No. PHC/2393/2009 delivered on 13 November 2013.

Briefly, appellant was the defendant at the lower court while the respondent was the plaintiff. The respondent claimed against the appellant, the sum of N25,000,000.00 (twenty-five million naira) as damages for breach of contract while appe lant denied being liable to the respondent for the sum claimed. Appellant stated that the respondent was entitled to the sum of N9,050.00 (nine thousand and fifty naira) and not more. In the course of proceedings, appellant paid the sum of N9,050.00 to the respondent. At the end of the trial, the learned trial judge entered judgment in favour of the respondent. Dissatisfied with the judgment, appellant filed its notice of appeal on 28 November 2013 containing three (3) grounds of appeal.

Appellant’s brief of argument was filed on 20 May 2015 but was deemed properly file…