Gabdel Nigeria Limited V. Ibadan North West Local Government Council (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MODUPE FASANMI, J.C.A.(Delivering the Leading Judgment)

The High Court of Oyo State (Coram: Hon. Justice M.A. Adegbola) delivered judgment in Suit No. I/689/2005 on the 30th day of June 2009. In the judgment, the Suit of the Appellant as Plaintiff containing eight reliefs was granted in part.

Appellant?s as Plaintiff?s Amended Statement of Claim is at pages 50-56 of the record of appeal. It was filed on the 22nd of August 2007. The reliefs granted in favour of the Appellant/Plaintiff are stated at pages 203-204 of the record as follows:

1. A declaration that the Plaintiff satisfactorily completed the project of an asphaltic resealing of the 850 metres length of the Ladapo Street Opo-Yeosa Ibadan awarded to him by the Defendant.
2. I award the sum of N1,275,882.50 to the Plaintiff against the Defendant being sum due to the Plaintiff from the Defendant as outstanding balance of the original contract sum.
3. I award a further sum of N684,942.50 to the Plaintiff against the Defendant being the retention fee payable to the Plaintiff by the Defendant after a satisfactory completion of the contract.

?4. I also award interest at

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the rate of 10% per annum on the judgment sums hereby awarded to the Plaintiff from today until the judgment sum shall totally and finally liquidated.

These are reliefs 3, 5, 6 and 8 while reliefs 1, 2, 4 and 7 fail and consequently refused. Appellant dissatisfied with the judgment appealed. His notice of appeal filed on the 28th of September 2009 containing eleven grounds is at pages 205-213 of the record of appeal.

Appellant?s case at the lower Court is that the Respondent awarded a contract to him to rehabilitate a stretch of road called Ladapo Street Opo-Yeosa Area Ibadan which is a 850 (Eight Hundred and Fifty Metres) in length at a cost N13,698,850.00 (Thirteen Million, Six Hundred and Ninety-eight Thousand, Eight Hundred and Fifty Naira) only. This is borne out by the followings:-

1. The letter from the Defendant to the 2nd Plaintiff dated 22/09/04 Exhibit A.
2. The agreement made on 29/09/04 between the Defendant and the Plaintiff.

?Exhibit B both of which contains the terms of the contract.

Among other things:

?The Employer shall pay to the Contractor for the purpose of executing the total resealing of

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Chief Ladapo Street, Oke-Parde, Ibadan the sum of N13,698,850.00 (Thirteen Million, Six Hundred and Ninety-eight Thousand, Eight Hundred and Fifty Naira) payable in three installments as follows:

a. 1st Installment: N6,849,425.00 = 50% of contract sum as mobilization fee.