A. I. C Limited V. The Executive Governor Of Edo State & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Ruling of the High Court of Edo State delivered on 18th June 2013, wherein the Lower Court dismissed the Appellants application for mareva injunction and further set aside the order for mareva injunction which it had granted exparte on 9th May, 2013.

The provenance to the application which spawned this appeal is that on 6th May 2013, the Appellant instituted proceedings against the Respondents in Suit No. B/223/2013 claiming the following reliefs:

WHEREOF the Claimant claim as follows:

(1) Payment of Debt owed to the Claimant by the Defendants for the Benin City Water Supply Project covered by Final Invoice as at 31st day of September, 2012 in breach of Clauses 4.6, 14.0 and 20.0 of the agreement dated 7th day of June, 1991.

PARTICULARS

The claimants claim is as follows and as per Annexure 1 the final Invoice:

EDO STATE WATER SUPPLY PROJECT

Benin City Water Supply Scheme

Up-dated Status of Outstanding Payments up to 30th September, 2012 including Interest Charges for

Delayed Payment

S/N,Month and Year Services were rendered,Amount Owed, Amount Paid, Outstanding Payments excluding interest charges ,Interest Charges forDelayed Payment(See Annexure 2 for details)

GBP () NAIRA (N) GBP () (N) GBP () NAIRA (N) GBP() NAIRA (N)

1. Outstanding Payment from 31st August 2011 3,909,414.90, 19,154,128.73, Nil Nil, 3,909,414.90 19,154,128.73, 3,467,842.52 22,385.084.22
2. Outstanding Payment from 1st Sept-31st Dec 2011

57,362.00, 369,600.00, Nil, Nil, 57,362.00, 369,600.00 149,207,79, 1,717,841.60