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AG OF ABIA STATE
V.
PHOENIX ENVIRONMENTAL SERVICES NIGERIA LTD & ANOR

(2015) JELR 40429 (CA)

Court of Appeal 5 Oct 2015 Nigeria
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- The Court of Appeal set aside the trial court’s judgment due to denial of fair hearing, holding that the trial court failed to consider the appellant’s defence that the respondent breached the contract, thus rendering the proceedings a nu

Case Details

Suit Number:CA/A/212/2014
Judges:MOORE A. A. ADUMEIN Justice of The Court of Appeal of Nigeria TINUADE AKOMOLAFE-WILSON Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria
Counsel:P. U. Ogubunka, Esq (Director, Civil Litigation, Ministry of Justice, Abia State (With him Mrs Ihuoma Omokwe Assistant Director, Ministry of Justice, Abia State) Ogechukwu Chikwendu, Esq (Principal State Counsel, Ministry of Justice, Abia State) Mrs Mary Eke (Senior State Counsel, Ministry of Justice, Abia State) and C. I. Amanamka Esq (Senior State Counsel, Ministry of Justice, Abia State) For Appellant Emeka Eze. Esq. (With him, Izunobia and Mrs Rosemary Salami) for 1st respondent,C. S. Ogada, Esq: (State Counsel) for 2nd respondent. For Respondent

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): At the High Court of the Federal Capital Territory, Abuja, in the Abuja Judicial Division, ("the trial court') the 1st respondent as plaintiff took out a writ of summons endorsed with a statement of claim in suit No.FCT/HC/ABJ/2016/2011 against the appellant and 2nd respondent as 1st defendant and 2nd defendant, respectively, claiming as follows:

"1. A declaration that the failure of the 1st defendant to give the plaintiff six (6) months Notice of Intention to Terminate the Contract Agreement dated 19/8/2006 is a breach of the terms of the Contract Agreement dated 19/8/2006 entered into between the parties,

2. The sum of ₦26,133,334.00 (Twenty-Six Million, One Hundred and Thirty-Three Thousand Three Hundred and Thirty-Four Naira) being the balance of the sum of ₦274,400,000 (Two Hundred and Seventy Four Million, Four Hundred Thousand Naira) being due payment by the 2nd defendant to the plaintiff under Contract Agreement dated …

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