UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of the Federal Capital Territory, Abuja in SUIT NO. FCT/HC/CV/1171/2010: COUNTY INTERNATIONAL (NIG) LTD v. REYNOLDS CONSTRUCTION CO. NIG LTD. The Appellant, as Plaintiff before the lower Court, claimed the following reliefs against the Respondent:
“1. The total sum of N32,247,558.78k (Thirty-two Million two hundred and forty-seven thousand, five hundred and fifty-eight Naira, seventy-eight Kobo) only.
2. A DECLARATION that the Plaintiffs are entitled to the sum of N50,000.00 (Fifty thousand naira) only per week as liquidated damages in default of payment of contract sum from the 3/3/2010 until final determination as provided in the sub-contract agreement.
3. The costs of this action.”
The Respondent on its part counter-claimed against the Appellant for the following reliefs:
“a. The sum of N5,250,000.00 being liquidated damages against the plaintiff for breach of sub-co…