SET SUCCESS ENTERPRISES AND COMPANY LIMITED V. IBEJU-LEKKI LOCAL GOVERNMENT COUNCIL THE CHAIRMAN, IBEJU-LEKKI LOCAL GOVERNMENT
(2008) JELR 51276 (CA)
Court of Appeal
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CA/L/489/05
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12 Jun 2008
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Nigeria
Coram
CLARA BATAOGUNBIYI JCA (Presided and Read the Lead Judgment) ADZIRA GANA MSHELIA JCA REGINA OBIAGELI NWODO JCA
Appearances
N.O Abido (with him, V.U Ajene) - for the Appellants.
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Respondent absent.
Judgement
<p><strong> OGUNBIYI JCA (Delivering the Lead Judgment): </strong> The claimant/ appellant commenced this action at the lower court by filing a writ of summonsand statement of claimboth dated 27 May 2002, and claims against the defendants/respondents the total sum of N26.5million(twenty-six million,five hundred thousand naira) being special and general damages for a road stabilization contract awarded the appellant by the respondents which contract the former claimed to have completely executed.</p><p>The particulars of special damage are as follows:-</p><p>The sum of N20,007,076.60(twenty million, seven thousand, seventy-sixnaira, sixtykobo) beingthe balance of the contract sumof N35,007,076.60(thirty-five million, seven thousand, seventy-six naira, sixty kobo) due to the claimant in respect of the stabilization of a 16.5 kilometre laterite roadfromAjegbenwa to Dongoin Ibeju Lekki Local Government Area of Lagos State; and The sum of 1.5 million (one million, five hundred thousand) being retention fee.</p><p>General Damages:</p><p>…</p>