Atlantic Networks LTD & Anor V. Abawa Nigeria Limted & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED MUSTAPHA, J.C.A.? (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of the Federal Capital Territory of the 8th day of March, 2012, Coram Honorable Justice S. E. Aladetoyinbo, by a notice of appeal dated the 20th March, 2012, and filed on the 23rd of March 2012 on the following grounds without the particulars:

GROUND ONE:

The judgment is against the weight of evidence adduced at the trial.

GROUND TWO:

The learned trial judge erred in law and submitted his personal opinion for evidence before him when he held as follows:

“The Court did not accept the contract was awarded to Ericsson Company as a result of Exhibit “P” or through the contract made by the defendants, the Court believes that the contract was awarded to Ericsson through effort of the plaintiffs”

GROUND THREE:

The learned trial judge erred in law when he held thus:

“The assertion by the 2nd defendant that the two payments made to 1st plaintiff were made on the bases of quantum merit can only mean that the plaintiffs were paid the value of the percentage of the consultancy services

carried out by the plaintiff, this is a lame excuses, there can be no part performance in this type of contract. It is either the contract is awarded to Ericson Company or not, the 2nd defendant is not ready and not willing to honour a simple contract Exhibit E which he freely signed; this is why he was telling bogus story to the Court”.

GROUND FOUR:

The learned trial judge erred in law when he held as follows:

“The claim of the plaintiff before this Court is the balance of payment due to the plaintiffs under the contract of consultancy services Exhibit “E”, the defendants made part-payment; the plaintiffs are entitled to the balance of the amount due under Exhibit “E”.