Edward Essien V. College Of Education, Oro (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment)

This appeal is an offshoot from the judgment of the High Court of Kwara State in suit No KWS/85/2011 delivered by Hon. Justice M. A. Folayan on 24th October, 2013 in the suit filed by the appellant as claimant against the respondent as defendant seeking for the following reliefs:

1. A declaration that the claimant is entitled to be paid by the Defendant 70% of the money paid by the students for the 2009/2010 academic session from the sale of scratch cards procured by the claimant and payment for the I.C.T fees as agreed in the Deed of Agreement dated 13th November, 2008.

ii. A Declaration that the claimant is entitled to be paid by the Defendant a total sum of N59,216,500.00 (Fifty Nine Million, Two Hundred and Sixteen Thousand, Five Hundred Naira) only being the 70% of the sum of N84,595,000.00 (Eighty Four Million, Five Hundred and Ninety Five Thousand Naira) only paid by the students for the 2009/2010 academic session from the sale of scratch cards procured by the claimant and the ICT fees paid by the students to the Defendant

iii. A Declaration that the claimant is entitled to remove and pack the following equipments installed by the claimant in the ICT Centre after the Defendant has terminated the contract. The Equipments are:-

a. Internet Infrastructure (C Band) with Bandwidth cost (IMB dedicated).

b. 130 HP Desktops with 17″ TFT Monitors.

c. 2 Nos. of HP ML350 servers.

d. 243/7 Wireless Routers (Maximum radius of 4 km) and radio.

e. 100 KVA Soundproof Generator.

f. 150 System furniture.

g. 42 U Rack with switches KVM switch.

h. HP (2) Printers.

l. HP (2) Scanners.

J. Industrial 10 KVA Stabilizer.