ABUBAKAR JEGA ABDUL-KADIR, JCA (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Enugu State, sitting at Enugu delivered by Akubuilo, J. on the 23rd day of June 2006.
The facts leading to this appeal are stated thus:-
The appellants herein as plaintiffs instituted an action in the lower court against the respondents wherein they claimed a total of ₦5 Million special and general damages being payment for assets received for the Government of Enugu State belonging to defunct ENDC, ADC, ADA and commodity Boards.
The contract was awarded during the military regime through Enugu State Government's special committee on Anti-Government Activities whose chairman was one squadron leader TSAKAR.
Pleadings were duly filed an exchange and in answer to the plaintiffs claim the defendants stated that the entire transaction was a scam and there was no valid contract. In another breath the defence posited that since no estate valuer was called to determine…