JOHN ANDY SONS & COMPANY LTD.
V.
NATIONAL CEREALS RESEARCH INSTITUTE

(1997) JELR 45467 (SC)    

Supreme Court  ·  SC.161/1989 ·  21 Feb 1997 ·  Nigeria
 · 
Other Citations
John Andy Sons & Co Ltd v. N.C.R.I (1997) 3 NWLR (Pt.491) 1
John Andy SonsCo. Ltd. v. N.C.R.I. (1997) 3 NWLR (Pt. 491) 1
CORAM
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
exhibit
parties
court of appeal
respondent
defendant
counsel
court
trial judge
appeal
evidence
issues
learned trial judge
statement of claim
trial court
bill of quantities
p. w.
cross river state
briefs of argument
construction of a laboratory block
cost of the contract
defendant of a contract
formal agreement
judgment of the trial court
leading judgment
respect of plumbing work
a. b. wali
careful examination of exhibit
chief sokan
correct interpretation of exhibits
counsel fail
defendant of the aforementioned contract
defendant of the contract
d. w.2
electrical installation of the laboratory building
findings of the trial court
following orders of this court
formulation of the issues
high court of justice
less sum
official certificate of pay
oral submissions
others of the ceiling work
painstaking consideration of the case
portions of the evidence
rules of the court of appeal
said agreement
said paragraph
whole laboratory

A. B. WALI, J.S.C. (Delivering the Leading Judgment): The plaintiff's claim against the defendant as contained in the Writ of Summons dated 24th October, 1981 and filed on 26th October, 1981 in the High Court of Justice, Cross River State, holden at Uyo is as follows:-

"N1,000,000 (One Million Naira) being special and general damages for breach by the defendant of a contract (for the construction of a laboratory block at Uyo in Cross River State) made between the plaintiff and the defendant in 1978."

The defendant denied the plaintiff's claim.

Pleadings were ordered, filed and exchanged. They were settled after several amendments, and in paragraphs 47 and 48 of the Further Amended Statement of claim, the plaintiff particularised his claim as follows:

PARTICULARS OF BREACH

(a) Deduction by the Defendant of the contract from that of a whole laboratory by a letter dated 1st February, 1978, thereby purportedly reducing the cost of the contract from N963,257.45 to N456,500.00.

(b) A furth…

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