Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2011) JELR 45972 (CA)    

Court of Appeal  ·  CA/PH/10/2003 ·  3 May 2011 ·  Nigeria
MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
statement of claim
single source contractor
lower court
appellant counsel
breach of contract
competitive bidding
production of educational films
valid contract
exhibits c
general damages
learned trial judge
breach of the contract
existence of a valid contract
port harcourt
acceptance of an offer
alleged breach
appellants counsel
binding contract
conditions of the bid
consultancy services
exhibits d
judgment of the high court of rivers state
leading judgment
learned trial judge right
n45,000,000.00k damages award
notice of appeal
plaintiff claims
plaintiffs offices
real issue
request of the defendant
respect of the design
respondent plead
said sum of n45,000,000.00
such offer
sum of n10,000,000.00k
tender bidding inspite of appellant
testimony of pw1
trial court
verifiable offer

MUSA DATTIJO MUHAMMAD, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Rivers State delivered on 14th November 2000 wherein the defendant was found liable for the breach of the contract between it and the plaintiff. The Respondent as plaintiff had in paragraph 18 of its statement of claim claimed against the Appellant thus:

"18 wherefore, the plaintiff claims against the defendant as follow:

(a) The sum of N10,000,000.00k (ten million naira) as fees for consultance services rendered by the plaintiff to the defendant at the request of the defendant in respect of the design for the Production of educational films for the Defendant's Driver Education Programme.

(b) A declaration that having regard to the mutual understanding between the plaintiff and the defendant and the undertaking made to the plaintiff by the defendant, the plaintiff is the only company entitled to be awarded the contract for the Production of education films for Driv…

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