Bauchi State Government & Anor V. Uni Contractors Nigeria Limited & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIOMA E. NWOSU-IHEME (Ph.D), J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the High Court of Justice Bauchi State delivered on the 3rd of February 1997. The 1st Respondent (Plaintiff) at the lower Court claimed against the Appellants (Defendants) at the lower Court seeking the reliefs as set out in the amended statement of claim as follows:

“A. A declaration that the Defendants have breached the contract Agreement;

B. An order of specific performance of the contract,

Alternatively:

i. General Damages of $7, 000,000.00 for repudiation of the contract agreement by the Defendants.

ii. Special damages by way of quantum meruit

(a) $5,104,200.00

(b) N415,609.00

Parties joined issues and to prove its case, the 1st Respondent called one witness-Rudoff Mandarago its Managing Director.

Even though the Appellants filed a statement of defence which they later amended, they chose not to call any witness placing their case on that of 1st Respondent.

The learned trial Chief Judge in a considered Judgment held that the 1st Respondent proved its case and gave Judgment in favour of the 1st Respondent. This appeal is predicated on that Judgment.

On the 11th of April 2002, long after the Judgment was delivered on the 3rd of February, 1997, the court granted an application for joinder of the 2nd & 3rd Respondents brought by Counsel for the 1st Respondent. This informed the emergence of the 2nd & 3rd Respondents, bringing the number of Respondents to three.

Two issues were formulated out of the three Grounds of appeal they read: