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…

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