(2005) JELR 45165 (SC)    
Supreme Court  ·  SC.33/2000 ·  6 May 2005 ·  Nigeria
Other Citations
Adecentro (Nig.) Ltd. v. C., OAU . (2005) 15 NWLR (Pt.948)290 (2005) 5 S.C (Pt I) 13 (2005) 5 S.C (Pt I) 13
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria
Core Terms Beta
extension of time
exhibit p2
lower court
court of appeal
high court
learned trial judge
leading judgment
calculation of such extra expenses
consultant architect
counter claim
lower courts
further amended statement of claim
grant of extension of time
resident engineer
architects certificate
award of damages
case of the appellant
construction company
construction work
contract document
decision of the trial court
due date
enclosing block walls
evidence of dw1
evidence of problems
evidence shows
failure of the respondent
final appeal
first relief
following orders
further extension of total
great number of grounds of appeal
incompetence of the appellant
judgment of the court of appeal
laboratory building
pertinent terms of the contract
provisions of clause
respect of the extension
said judgment
spite of the protestation of the appellant
state of affair
t. building nos
whole works

PATS-ACHOLONU, J.S.C. (Delivering the Leading Judgment):. The appellant a construction company had entered into a contract with the respondent to construct a laboratory building and what is described as the general service and supply center at an initial price of N2,440,449.00 (two million four hundred and forty thousand four hundred and forty nine naira). The sum originally agreed to was later on revised upwards to N7,356,663.28 (seven million three hundred and fifty six thousand six hundred and sixty three naira twenty eight kobo). Some of the pertinent terms of the contract are;

(a) That the whole works should be completed within a period of 44 weeks.

(b) That the appellant if occasion so demands may apply for extension of time to complete the job.

(c) That the architects certificate is a condition precedent for payment.

The construction work was not completed within the due date agreed but the parties after several meetings agreed that the completion work be extended to 139 wee…

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