SHAUKAT AND RAZA (PTY) LTD
V.
GOVERNMENT OF GOMBE STATE & GOMBE STATE WATER CORPORATION

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): In the lower Court being the High Court of Gombe State, the Appellant before this Court but Plaintiff at the lower Court instituted an action against the Respondents, Defendants then for specific performance and the payment of outstanding sum of a contract which was mutually terminated by the parties. The lower Court presided over by Hon. Justice Sa’ad Mohammed on 12/10/2018 delivered the judgment of 84 pages found on pages 380-440 of the record dismissed the claim of the Appellant. This appeal is therefore against that Judgment.

The facts leading to the appeal are concisely as follows: The Appellant and 2nd Respondent entered into an agreement on 5/2/2001 for the construction of the Gombe Regional Water Supply Scheme in Gombe State. The Appellant was mobilized to site with the sum of N1,700,000,000.00. The project could not be completed and so the contract was mutually terminated on 30/12/2002 for lack of funds. It is the case o…