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GOVERNOR OF IMO STATE & ORS
V.
MONIER CONSTRUCTION CO. (NIG) LTD

(2018) JELR 34399 (CA)

Court of Appeal 12 Jul 2018 Nigeria
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- The appellants are defendants in a suit where the respondent claimed a sum of N104,231,310.65 for works done in a contract to reconstruct Akwakuma Roundabout at Orlu Road, Owerri. - The appellants raised a preliminary objection challengin

Case Details

Suit Number:CA/OW/116/2015
Judges:RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Counsel:Mrs. I. I. Amadi (Asst. Director Civil Litigation, Ministry of Justice, Imo State) For Appellant K.C.O Njemanze, SAN with him, Chinenyenwa Osuala For Respondent

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The appellants are defendants in Suit No. HOW/248/2013 wherein the Respondent as Claimant in paragraph 16 of its Statement of Claim claimed of the defendant as follows:-

16. Wherefore the Claimant claims against the Defendants jointly and severally as follows:

(i) The sum of N104,231,310.65 (One Hundred and Four Million, Two. Hundred and Thirty-one Thousand, Three Hundred and Ten Naira, Sixty-five Kobo) being money due and payable to the Claimant by the Defendants for works done/executed in respect of the contract to reconstruct Akwakuma Roundabout at Orlu Road, Owerri. The Defendants have despite repeated demands failed, refused and or neglected to pay or liquidate the debt.

(ii) The sum of N43,568,758.27 (Forty-three Million, Five Hundred and Sixty-eight Thousand, Seven Hundred and Fifty-eight Naira, Twenty-Seven Kobo) being interest for delayed payment of the aforesaid money owed.

(iii) Interest on the aforesaid sum at th…

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