Addax Petroleum Development Nigeria Limited V. Loycy Investment Company Limited & Anor (2017) LLJR-CA - LawGlobal Hub
Addax Petroleum Development Nigeria Limited V. Loycy Investment Company Limited & Anor (2017) LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL TUNDE OYEBANJI AWOTOYE, J. C. A. (Delivering the Leading Judgment) This is the judgment in respect of the appeal filed by Mrs. M. A. Essien SAN vide the Notice of Appeal filed on 1/8/2013. It is […]
Addax Petroleum Development Nigeria Limited V. Loycy Investment Company Limited & Anor (2017)LawGlobal-Hub Lead Judgment Report – COURT OF APPEALTUNDE OYEBANJI AWOTOYE, J. C. A. (Delivering the Leading Judgment)This is the judgment in respect of the appeal filed by Mrs. M. A. Essien SAN vide the Notice of Appeal filed on 1/8/2013. It is against the decision of Imo State High Court sitting at Owerri delivered on 30/7/2013. The plaintiffs claims against the defendant at the lower Court were as per Paragraph 27 of their amended statement of claim which read thus:WHEREFORE the claimants claim against the defendant is as follows:(a) A declaration of the honourable Court that the claimant are the contractor duly selected and awarded the contract number TB-2002-280 for the resurfacing of Ugbele road, Izombe and the scope of the includes any variation/modification on the original specification. (b) A declaration of the honourable Court that the defendant is in breach of said contract when it awarded the same contract to another company. (c) A declaration of the honourable Court that the claimant are entitles to the sum of N51,627,792. 00 or such sum proved being remuneration due the claimants in quantum meruit as contained in the invoice of 17th1January, 2005 sent to the defendant for the service the claimants rendered to the defendant in the course of execution of contract number TB-2002-280 Resurfacing of Ugbele Village Road. (d) An Order of the honourable Court awarding to the claimants the sum N51,627,792. 00 or such as are proved before the honorable Court being remuneration due the claimant in quantum meruit as contained in the invoice of 17th January, 2005 sent to the defendant for the services the claimants rendered to the defendant in the course of execution of contract number TB-2002-280 Resurfacing of Ugbele Village Road. (e) Sixty million Naira only as general and special damages for breach of contract. PARTICULARS OF SPECIAL DAMAGES(a) AMOUNT FROM CONTRACT:(i) Outstanding balance due and payable on 95% completion of the contract achieved by the plaintiff as agreed by both parties