Max-clean Becal Ventures LTD & Anor V. Abuja Environmental Protection Board (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 FCT in suit No.CV/489/2013. Coram Honourable Justice J.O. Okeke, dismissing the plaintiff?s claim, as contained in the Amended Statement of Claim at page 31-37 of the record or appeal.

The appeal to this Court is on the Notice of Appeal filed on the 1st December, 2014 on following grounds, without the particulars:

GROUND ONE:

The learned trial judge erred in law and facts when he applied the exemption clause in Exhibit “A” to dismiss the case of the Appellant.

GROUND TWO:

The trial judge erred in law when he suo-moto raised the issue of the exemption clause and based his judgment on it without calling the counsel to address him on it.

GROUND THREE:

The learned trial judge erred in law by not considering the provisions of the Public Procurement Act in dismissing the Appellants case.

GROUND FOUR:

The judgment of the learned trial judge is against the weight of evidence.

?From these grounds of appeal the following issues were formulated for the appellant:

?1. Whether the learned

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