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UPPER BENUE RIVER BASIN DEVELOPMENT AUTHORITY V. TRUSTCON NIG LTD & 2 ORS

(2020) JELR 87230 (CA)

Court of Appeal  •  CA/YL/175/2017  •  16 Jul 2020  •  Nigeria

Coram
CHIDI NWAOMA UWA. JCA JAMES SHEHU ABIRIYI. JCA ABDULLAHI MAHMUD BAYERO. JCA

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 6th June, 2016 in the High Court of Adamawa State holden at Yola. In the High Court (the Court below), the 1st respondent was the plaintiff. The appellant was the 1st defendant.

The 1st respondent claimed against the appellant and the 2nd and 3rd respondents for a declaration, that the termination of the contract between it, the appellant and the other respondents was void. It also claimed for special and general damages for breach of contract and a couple of other reliefs.

The brief facts of the case are as follows: According to the PW1, sometimes in 2006, the appellant advertised in the newspapers for tenders for the rehabilitation of the hydraulic piezometer at Kiri Dam. 1st respondent bidded and was invited to come and sign an agreement. On 1st June, 2006, the 1st respondent and the appellant entered into an agreement exhibit 1. After signing the agreement, the 1st resp…

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