GONZEE (NIG.) LTD.
V.
NERDC

(2005) JELR 45988 (SC)    

Supreme Court  ·  SC.140/2000 ·  3 Jun 2005 ·  Nigeria
 · 
Other Citations
Gonzee (Nig.) Ltd. v. NERDC (2005) 13 NWLR (Pt.943)634 (2005) 6 S.C (Pt I) 25 (2005) 6 S.C (Pt I) 25
Gonzee (Nig.) Ltd. v. NERDC (2005) 13 NWLR (Pt. 943) 634
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
Core Terms Beta
plaintiff
court
trial court
assessment of damages
court of appeal
appeal
said exhibits
learned trial judge
appellate court
dishonour of the cheque
high court
second time
amended statement of claim
breach of the contract
documentary exhibits
learned justices of the court of appeal
only order
order of the court
record of proceedings
relevant exhibits
said award
1st defendant
5a-5h
above submissions
absence of the relevant exhibits
assessment of the quantum of damages
authority of the following cases
award of a court of first instance
business practice
central bank of nigeria
concessional total cost of n10,400,000.00
contract sum of n4.9
damage
days of the said offer
decision of the court of appeal
decision of the trial court
development council
finding of the court of appeal
hire of machinery
issue of liability
leading judgment
legal proceedings
onitsha high court
permanent set
reserved judgment
see ehikioya v
sum of n25,000,000.00 damages
sum of n97,234.79
times material
valid acceptance of the said offer

D.O. EDOZIE, J.S.C. (Delivering the Leading Judgment): The plaintiff, herein appellant, is a contracting firm having its registered office in Onitsha. By a writ of summons filed at the Onitsha High Court on 20th June 1991, the plaintiff commenced legal proceedings against the Nigerian Educational Research and Development Council, a Council established under the Nigerian Educational Research and Development Council Act, Laws of the Federation of Nigeria 1990 (Cap 302). The Council was sued as 1st defendant and joined in the suit, as 2nd and 3rd defendants, were respectively Chairman and the Secretary of the Council.

The background facts giving rise to the action are not contentious. The dispute arose from the contract awarded by the council to the plaintiff for the construction of the council's administrative complex at Shede village, Lokoja Road, in the Federal Capital Territory, Abuja, at a contract sum of N4.9 million. Payment was instalmental, based on the certificate of the counc…

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