<p>UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This an appeal against the judgment delivered by the High Court of Rivers State sitting at Port Harcourt on 4th June, 2004 wherein the judgment was entered in favour of the Respondent who was the plaintiff at the lower court.</p><p> The Respondent at the lower court had claimed as follows:</p><p> a. A declaration that the plaintiff having supplied the items in milestones 3 and 4 in accordance with the specification in contract No E-03917 is therefore entitled to the payment thereof and payment of the resulting demurrage.</p><p> b. An Order of specific performance compelling the defendant to pay to the plaintiff the following:</p><p> i. The sum of N2,208,000.00 being the total value of the items supplied in milestones 3 and 4 of the contract between the plaintiff and the defendant.</p><p> ii. The sum of N1,196,000.00 being the total cost of demurrage incurred by the plaintiff as a result of change in the destination of supply and the resultant delay arising…</p>