Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



BPS CONSTRUCTION & ENGINEERING CO. LTD
V.
FCDA

(2017) JELR 50536 (SC)    

Supreme Court  ·  SC.293/2011 ·  27 Jan 2017 ·  Nigeria
CORAM
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria AMIRU SANUSI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
parties
mou
exhibit p5
senior counsel
formal agreement
lower court
memorandum of understanding
signing of a formal agreement
binding contract
letter of intent
learned trial chief judge
provision of infrastructural facilities
cost analysis of the project
legal expenses
promissory estoppel
respect of the said project
terms of the mou
use of the word
wrongful act
agreed terms
aid of other professionals
appellants appeal
appellants proposal
breach of contract
briefs of argument
conclusion of the trial
considered judgment
construction company
days of its execution
decision of the learned trial chief judge
decision of the learned trial judge
decision of the lower court
definition of shall
electrical engineering
engineering design
evidence of its financial capacity
following reliefs
following terms
honourable court
judgment of the court of appeal
leading judgment
legal fees
polymera industries ltd.
representations of the respondent
respondents cross-appeal
subject matter of the contract
terms of the said mou of 13th july
trial high court vide
unequivocal offer

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Division delivered on 3rd June 2011 dismissing the appellants appeal and allowing the respondents cross-appeal against the judgment of the High Court of the Federal Capital Territory (hereafter referred to as the FCT) delivered on 29th June 2010.

The facts that gave rise to this appeal are as follows: The appellant, a company registered in Nigeria, carries on the business 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 6th July 2004 between the parties, the appellants proposal was approved. A memorandum of understanding (MOU) was drawn up and sig…

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