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ENERGY COMMISSION OF NIGERIA
V.
PSC INDUSTRIES LIMITED & ORS

(2024) JELR 113060 (SC)

Supreme Court 7 Jun 2024 Nigeria
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- This case involves an appeal against a judgment of the Court of Appeal, Abuja Division. - The first and second respondents filed a claim in the High Court of the Federal Capital Territory against the appellant and the third respondent for

Case Details

Suit Number:SC/CV/1584/2022
Judges:JOHN INYANG OKORO, JSC ADAMU JAURO, JSC EMMANUEL AKOMAYE AGIM, JSC OBANDE FESTUS OGBUINYA, JSC HABEEB ADEWALE OLUMUYIWA ABIRU, JSC
Counsel:M.A. Jacob for the Appellant. Olaide B. Akinseye-George with Kelvin A. Mejulu for the 1st and 2nd Respondents No appearance for the 3rd Respondent.

HABEEB ADEWALE OLUMUYIWA ABIRU, JSC (Delivering the Leading Judgement): This appeal is against the judgment of the Court of Appeal, Abuja Division, delivered on the 6th of September, 2022 in Appeal No CA/A/283/2019. The first and second Respondents commenced the action leading up to this appeal in the High Court of the Federal Capital Territory as the claimants and the Appellant and the third Respondent were the defendants. The first and second Respondents claimed for different sums of monies due to them on four different contracts awarded to them by the Appellant and for damages for breach of contract.

It was their case on the pleadings that the Appellant awarded two contracts known as Jarkurn Project and Agoloma Project to the first Respondent and also two contracts known as Obokun Project and Batagarawa Project to the second Respondent. It was their case that they had respectively completed their obligations under each of the four different contracts but that the Appellant failed to…

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