OMOKRI JCA (Delivering the Lead Judgment): This is an appeal against the rulingof Justice A. O. Ajakaiye, sitting in the Calabar Judicial Divisionof the Federal High Court in suit No. FHC/CA/CS/83/2000 delivered on 13/2/2003.
The facts of this instant case on appeal, brieflyput, are that sometime about 2/3/94, OMPADEC awarded a contract to the present respondent, Precision Associates Limited, by a letter with reference No. ref. OM/PR/ 1052 dated 2/3/94 for the construction of water project (foundation, tower/ tank) at Okoroette in Ikot Abasi Local Government Area of Akwa Ibom
State. The agreement for the contract between the two parties was signed on the 25/3/94. The respondent commenced work on the project and mobilized both men and materials at the site project. Somewhere during the execution of the contract, OMPADEC took over the site and sacked the respondent’s workers. Aggrieved by the take over of the contract, the respondent instituted proceedings before the court below claimin…