SUNTAI
V.
TUKUR

(2003) JELR 57719 (CA)

Court of Appeal · CA/J/10/2000 · 13 Jan 2003 · Nigeria

CORAM

ALOMA MARIAM MUKHTAR, JCA (Presided) OLUDADE OLADAPO OBADINA, JCA IFEYINWA CECILIA NZEAKO, JCA (Read the Lead Judgment)

Core Terms ^Beta

appellants

evidence

plaintiff

counsel

exhibit j

exhibit

trial

hearsay evidence

exhibit f3

learned trial judge

learned trial chief judge

value of work

breach of clause

chief judge

issue a

learned trial

execution of the contract

written contract

amended statement of claim

appellants’ counter-claim

trial judge

exhibits j

learned trial c. j.

new date

part of the respondent

said revocation

admissibility of exhibit j. section

admission of exhibit j

appellants’ counsel

appellants’ counter claim

completion of the whole contract

construction of a modern hotel

contract agreement

counsel’s reason

court of appeal rules

decision of our appellate courts

defendants’ counter-claim

de lestang f. j. see

high court

high court of justice

lead judgment

learned trial cj

notice of appeal

page d-e. see

reason a

respondent’s quantity surveyor

substratum of respondent

taraba state of nigeria

valuation certificate

NZEAKO, JCA (Delivering the Lead Judgment): On 28th July, 1999, Aliyu, CJ sitting at the High Court of Justice in Jalingo, Taraba State of Nigeria gave judgment in suit No. TRSJ/31/93.

The plaintiff in the suit claimed from the defendant the following:-

N1,075,657.00 being outstanding sum payable to the plaintiff by the defendant for work done pursuant to a contract which the parties entered into for the construction of a modern hotel- guest house at Bali.

N300,000 being for variation necessitated by fluctuations of market prices which was duly approved by the defendants vide letter No. BLG/S.253/Vol.1/30 dated 29/1/92. Further damages of N2,990,512.00.

Pleadings were ordered, filed and exchanged by parties and the suit proceeded to trial upon amended pleadings filed byeach party. The defendants had also counter-claimed, and to this the plaintiff also filed a reply. The plaintiff testified and called one witness. The defence also called one witness.

Trial concluded, the learned trial C…

SUNTAI V. TUKUR

SUNTAI
V.
TUKUR