Shuwa v.Chad basin Authority

(1991) JELR 80155 (CA)    
Court of Appeal  ·  CA/J/79/89 ·  29 Apr 1991 ·  Nigeria
 · 
Other Citations
(1991)7 NWLR PT 205 P.550
Shuwa v. Chad Basin D.A (1991) 7 NWLR (Pt. 205) 550
CORAM
EMMANUEL TAKON NDOMA-EGBA, J.C.A. (Presided) ALOMA MARIAM MUKHTAR, J.C.A. OBINNAYA ANUNOBI OKEZIE, J.C.A. (Read the Leading Judgment)
Core Terms Beta
akam
appellant
respondent
machines
defendant
learned trial judge
exhibit f
exhibit g
outstanding works
evidence act
alhaji ali kotoko
doctrine of estoppel
requisite notice
bulldozer d7g
cross-examination
days notice
exhibits h
limited liability company
said bulldozer
addresses of counsel
alhaji bunu s. musa
appellant leave
contract exhibit f
effect of exhibit g
evidence of ownership of the goods
exhibit g.
following facts
following grounds
issuance of exhibit g
joinder of issues
leading judgment
learned trial judge ogunbiyi
legal owner
particular paragraph
review of the evidence
rights of the appellant
rules of the high court borno state
said contract
statement of claim fail
subject matter of the appellant
subject matter of the plaintiff
such extent of capacity
time of sale of the machine
view effect

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…

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