Anambra State Government & Anor. V. Gemex International Ltd. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the leading Judgment)

This is an appeal against the Judgment of the High Court of the Federal Capital Territory, Abuja in Suit No. FCT/HC/CV/500102 delivered on the 17th day of October 2007.

The Respondent who was the Plaintiff by an action commenced at the lower Court claimed against the Appellants per paragraph 30 of its amended statement of claim as follows:-

“(i) A declaration that the termination or purported termination of the contract for construction of Anambra State Multi-Purpose Liason Office Complex Abuja between the Plaintiff and the First Defendant is wrongful;

(ii) The sum of N72,075,008.00 as agreed and certified by the First Defendant being the sum for the additional works done at the Anambra State Multi-Purpose Liason Office Complex, Abuja by the Plaintiff;

(iii) The sum of N6,276,400.00 (Six Million, Two Hundred and Seventy-Six Thousand, Four Hundred Naira only) per month from August 2002 until the date of Judgment, which sum represents loss of earnings on equipments still being detained by the Defendants despite the repeated demands made by the Plaintiff;

(iv) The sum of N40,579,600.00 (Forty Million Five Hundred and Seventy Nine Thousand, Six Hundred Naira) being the value of the equipments being detained by the Defendants or whatever the market value of same at the date of Judgment;

(v) The sum of N1,500,000.00 damages for breach of contract; and

(vi) Interest on the said sum at the rate of 10% before Judgment and thereafter 10% interest until the debt is liquidated.”

The 1st and 2nd Appellants who were 1st and 2nd Defendants at the lower Court filed a joint further amended statement of defence. The 1st Defendant/Appellant then counter claimed against the Plaintiff. The said

counter-claim without its particulars are as follows:-

“(a) A Declaration that the Plaintiff’s failure to complete and hand over the project, subject matter of this suit within the time stipulated by the contract instrument, that is within 48 months from October 1997 after receiving the full contract price from the 1st Defendant constitutes a breach of contract.

(b) A Declaration that the Plaintiff’s abandonment of execution of the contract, subject matter of this suit after receiving the full contract price from the 1st Defendant constitutes a breach of contract.

(c) The sum of N228,784,200.00 (Two Hundred and Twenty Eight Million, Seven Hundred and Thirty Four Thousand Two Hundred Naira) only being special damages suffered by the 1st Defendant by way of payment for the supply, installation and execution of jobs which money the Plaintiff fraudulently collected but failed to deliver as shown in paragraph 8 of Defendants further amended statement of defence, plus the sum of N14,000,000.00 being rent paid by the 1st Defendant for Laison Office accommodation in Abuja from 2002 to 2005 at the rate of N3.5 Million Naira only per annum.