John Andy Sons & Co. Ltd. Vs National Cereals Research Institute (1997)

LAWGLOBAL HUB Lead Judgment Report

WALl, JSC. 

The plaintiff’s claim against the defendant as contained in the Writ of Summons dated 24th October, 1981 and filed on 26th October, 1981 in the High Court of Justice, Cross River State, holden at Uyo is as follows:-

“N1,000,000 (One Million Naira) being special and general damages for breach by the defendant of a contract (for the construction of a laboratory block at Uyo in Cross River State) made between the plaintiff and the defendant in 1978.”

The defendant denied the plaintiff’s claim.

Pleadings were ordered, filed and exchanged. They were settled after several amendments, and in paragraphs 47 and 48 of the Further Amended Statement of claim, the plaintiff particularised his claim as follows:-

PARTICULARS OF BREACH

(a) Deduction by the Defendant of the contract from that of a whole laboratory by a letter dated 1st February, 1978, thereby purportedly reducing the cost of the contract from N963,257.45 to N456,500.00.

(b) A further reduction by the Defendant of the aforementioned contract to 1/4 laboratory by a letter dated 28th February, 1978, thereby further purportedly reducing the cost of the contract to N228,250.00.

(c) The sub-contracting out to others of the ceiling work and the electrical installation of the laboratory building even without reference to the plaintiff.

(d) The Defendant’s failure to pay Architect’s payment certificates in accordance with terms of the contract.

(e) The Defendant’s failure to make payment of the arrears and also the final payment.

The plaintiff says that as a result of the Defendant’s said breach of contract it (plaintiff) has suffered a great loss and damage.

Particulars

Special damages