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MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the court of Appeal, Jos Division delivered on the 13th day of April, 2004 in a leading judgment delivered by Amiru Sanusi JCA, the appeal was dismissed except for the amendment of the award of 616,019.36 pounds with an option to pay a sum of N80,082,516 being the Naira equivalent as claimed.
Being dissatisfied with the judgment aforesaid, the defendant herein Appellant appealed to the Supreme Court on eleven grounds. The plaintiff herein Respondent also cross-appealed on two grounds. On the 30/11/2004 Appellant filed a Motion on Notice to amend the Notice and Grounds of Appeal containing 19 grounds.
The facts relevant backgrounds to this appeal are stated hereunder:-
STATEMENT OF MATERIAL FACTS:
The Government of Bauchi State was desirous of equipping and refurbishing her two general hospitals at Kumo and Alkaleri. On the 16/9/87 a contract for the supply of hospital equipment w…