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BPS CONSTRUCTION & ENG. CO. LTD
V.
F.C.D.A.

(2016) JELR 51231 (SC)

Supreme Court 27 Jan 2016 Nigeria
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- The appellant and respondent entered into a Memorandum of Understanding (MOU) for a construction project. - The appellant filed a lawsuit seeking specific performance and damages when the respondent refused to sign a formal agreement. - T

Case Details

Suit Number:SC. 293/2011
Judges:WALTER SAMUEL NKANU ONNOGHEN JSC (Presided) MARY UKAEGO PETER-ODILI JSC KUMAI BAYANG AKA’AHS JSC AMIRU SANUSI JSC
Counsel:Tochukwu Onwugbufor SAN - for the Appellant. -*- M. A. Nunghe Esq. (with him, Messrs Ogbelu, M. J. Numa, G -*- E. O. Agi and M. T. Husseni) - for the Respondent.

KEKERE-EKUN JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Court of Appeal, Abuja Division delivered on 3 June 2011 dismissing the appellant’s appeal and allowing the respondent’s cross-appeal against the judgment of the High Court of the Federal Capital Territory (hereafter referred to as the FCT) delivered on 29 June 2010.

The facts that gave rise to this appeal are as follows: the appellant, a company registered in Nigeria, carries on the business of civil, mechanical and electrical engineering and construction work. The respondent is the statutory body responsible for the orderly development and administration of the FCT. The appellant approached the respondent with a proposal for the provision of infrastructural facilities at Mabushi and Katampe Districts of the FCT. At a meeting held on 6 July 2004 between the parties, the appel ant’s proposal was approved.

A Memorandum of Understanding (MOU) was drawn up and signed by the parties on 13 Jul…

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