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UYO LOCAL GOVERNMENT v. IDITO FISHER NIGERIA LTD & ANOR

(2011) JELR 42166 (CA)

Court of Appeal  •  CA/C/230/2007  •  12 Dec 2011  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; JOSEPH TINE TUR JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): Uyo Local Government has appealed against the ruling of his Lordship, Justice A. E. Archibong of the High Court of Justice, Uyo, Akwa Ibom State delivered on the 17th day of April, 2007 dismissing an application that her name be struck out from the suit pending before his Lordship's Court of Justice. The appeal was filed on 24th April, 2007. There are three grounds of appeal attacking the ruling of his Lordship.

The facts that led to Idito Fisher Nigeria Ltd (1st Respondent) instituting this suit before the High Court of Justice, Uyo, Akwa Ibom State are as follows:

On 27th day of August, 1992 Uyo Local Government entered into a contract with Idito Fisher Nigeria Ltd for the supply and electrification of Ibesikpo Communities at the contract price of two million five hundred thousand Naira only (N2.5M). On the 2nd day of August, 1993 the contract was reviewed upward to N5million. In the course of executing the projects Uyo Loca…

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