SHUWA
V.
CHAD BASIN AUTHORITY

OBINNAYA ANUNOBI OKEZIE, J.C.A. (Read the Leading Judgment): In order to understand the case, it is necessary to set down the facts. On the 3rd September, 1976, AKAM and the defendant entered into a contract, Exhibit F - for AKAM to construct a pumping station for the defendant. The plaintiff in this suit was not a party to the said contract. AKAM failed to execute the contract in terms of the contract. The defendant was entitled to enter into the contract site and expel AKAM on issuing the requisite Notice to AKAM, Exhibit G all AKAM's plants and machines at the contract site would be forfeited to the defendant. AKAM was in breach of the contract and the defendant served AKAM 14 days Notice on the 25 April, 1984 within which to complete the outstanding works as provided by the contract. The contract was not completed and AKAM forfeited all plants and machines at the contract site to the defendant. A bulldozer, the subject matter of the plaintiff's claim was one of the machines belong…