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(2021) JELR 109460 (CA)

Court of Appeal  •  CA/S/49/2019  •  17 Jun 2021  •  Nigeria

Ali Abubakar Babandi Gumel, JCA Saidu Tanko Hussaini, JCA Mohammed Baba Idris, JCA


SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Zamfara State High Court by which the Court dismissed the Preliminary Objection of the Appellants vide Suit No. ZMS/CS/M609/2019 on the 7th February, 2019.

The 1st Appellant had reached an agreement with the Respondent wherein the latter was engaged to construct Talata Mafara –T/Awali – Kagara – Morai and Sauna Roads covering a distance of approximately 41.3 Kilometers. The contract sum was also negotiated and fixed, vide the agreement dated and signed on the 4th September, 2007. On the 8th November, 20018, the Respondent, Cremona Construction Company Limited, took out a Writ of Summons and filed same along with the statement of claim. On the said same 8th November, 2018, the Respondent further filed a Motion on Notice for summary judgment for the sum of N 625,907,844.52 for works done in the construction of Talata Mafara–Sauno–Morai-Kagara road project. Further to this, they als…

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