TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by Mrs. M. A. Essien SAN vide the Notice of Appeal filed on 1/8/2013. It is against the decision of Imo State High Court sitting at Owerri delivered on 30/7/2013.
The plaintiffs claims against the defendant at the lower Court were as per Paragraph 27 of their amended statement of claim which read thus:
WHEREFORE the claimants claim against the defendant is as follows:
(a) A declaration of the honourable Court that the claimant are the contractor duly selected and awarded the contract number TB-2002-280 for the resurfacing of Ugbele road, Izombe and the scope of the includes any variation/modification on the original specification.
(b) A declaration of the honourable Court that the defendant is in breach of said contract when it awarded the same contract to another company.
(c) A declaration of the honourable Court that the claimant are entitles to the sum of ₦51,627,792.00…