AG OF ANAMBRA STATE
V.
C.N. ONUSELOGU ENTERPRISES LTD.

(1987) JELR 47926 (SC)

Supreme Court 20 Nov 1987 Nigeria
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- The respondent, C.N. Onuselogu Enterprises Ltd., contracted with the Anambra State Government (appellant) to construct the Awka-Etiti-Isieke road for N6,738,585, with payment to be made on interim certificates within 28 days; delays and f

Case Details

Suit Number:SC.122/1986
Judges:KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria
Counsel:M. N. T. Onwugbufor, Legal Adviser (with e.O. Atuonwu, State Counsel) For Appellant C. O. Akpamgbo S.A.N. (with J.e. Okonkwo) For Respondent
Other Citations:A.G. Anambra v. Oniselogu Ent. Ltd. (1987) NWLR (Pt. 66)547 (1987) All N.L.R 579 (1987) 9-11 S.C 197

BELGORE, J.S.C. (Delivering the Leading Judgment): The respondent, C.N. Onuselogu Enterprises Ltd., was on 14th June, 1977 awarded a contract for the construction of Awka-Etiti-Isieke road by the Anambra State Government represented as defendant by the appellant in this appeal. The value of the contract was N6,738,585.00 and was to be completed in seventy eight weeks. Work started in earnest but by November, 1979, the Anambra State Government was falling into arrears in the payment on interim certificates of works done. The respondent none the less remained on the site and carried on those works he could possibly execute. But by 27th November, 1979 the agent of the appellant had declined signing any further interim certificates claiming he had instruction to do so; thus the interim certificate No. 16 valued at N500,000.00 was not signed. There was an interim certificate No.15 signed for the sum of N77,491.80 for which no payment was made, The term of the contract stipulated payment on…

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