Monier Construction Company Nigeria Limited V. E. Agbejure Enterprises Limited (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIOMA E. NWOSU-IHEME, J.C.A. (Delivering The Leading Judgment)

The Appellant here was the Defendant while the Respondent was the Claimant at the Lower Court by a Specially Endorsed Writ, the Respondent claimed against the Appellant the sum of N4,053,902.82k as consideration due the Respondent amongst other reliefs.

The learned trial Judge P.N.C. Agumagu on the 19th of January, 2007 held that the Respondent executed satisfactorily the sub-contract awarded to him by the Appellant and awarded the sum of N4,053,902.82k to the Respondent as balance of his unpaid contract sum and 25% pre- judgment interest. Aggrieved with that Judgment the Appellant now appealed to this Court.

By the said Specially Endorsed Writ the Respondent (Claimant) at the Lower Court sought the following reliefs:

“(a) Consideration due to plaintiff under sub contract from defendant. Which consideration defendant has failed, refused and/or neglected to pay over to the claimant, N4,053,902.82k.

(b) Extra costs incurred in transportation and hotel bills in several trips undertaken by the plaintiff to Port Harcourt and Abuja, respectively (Receipts of which may be tendered at the trial). N380,000.00.

(c) Aggravated and/or compensatory and/or exemplary, and/or prohibitive, and/or punitive damages for the very arbitrary, capricious, whimsical and oppressive manner the defendant reneged and/or repudiated the sub contract under which it derive full satisfaction and accord, N100,000.00.

(d) The claimant also claims interest on the sum hereby claimed, from filing up to judgment, at 25% percent (per centum) and 10% percent (per centum). Form judgment up to date of actual payment and/or liquidation of the entire sum, to the claimant.”

The Appellant responded to the Specially Endorsed Writ by filing an affidavit in opposition to the Writ. Being a special procedure the case proceeded to hearing as the affidavit became their pleadings.

The Appellant filed a Notice and Grounds of Appeal containing seven Grounds. They without their particulars read:

“(1) The learned trial Judge erred in law in awarding, the sum of N4,053,000.00 claimed under head I of their particulars of claim.

(2) The learned trial Judge erred in law in holding that the Respondent performed the contract thereby making an award of N4,053,000.00 in favour of the Respondent.

(3) The learned trial Judge erred in law in holding that the cancellation of the contract was not pleaded thereby being persuaded to make the award he made.

(4) The learned trial Judge erred in law in holding that there was variation of the contract thereby making an award of N4,053,000.00 in favour of the Respondent.