JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of High Court of Justice, Ughelli Judicial Division of Delta State in Suit No: HCG/4/2006: Between CHIEF JONATHAN EDOJAKWA v. UGHELLI SOUTH LOCAL GOVERNMENT COUNCIL delivered on the 16th day of March 2010, wherein Judgment was entered in favour of the Plaintiff and against the Defendant.
Briefly, the facts of the case are that by a Writ of Summons filed at the lower Court, the Respondent who was the Plaintiff claimed against the Appellant who was the Defendant as follows:-
(1) The sum of (N35,900,900.00) Thirty-Five Million, Nine Hundred Thousand, Nine Hundred Naira, being the value of the contract awarded by the Defendant to the Plaintiff on 12th June 2002 for clearing of weeds at Atawhim, Egbori, Ulorokor, Uloro-Bukuru and Dakori creeks at Okuama Town in Ughelli South Local Government Area of Delta State of Nigeria, which contract was duly executed by the Plaintiff sometime in July 20…