ARISONS TRADING & ENG. CO. LTD V. THE MILITARY GOVERNOR OF OGUN STATE & 2 ORS

CORAM

KECHI FRANCIS OGBUAGU, JUSTICE SUPREME COURT

PARTIES

ARISONS TRADING & ENGINEERING CO. LTD APPELLANTS

 THE MILITARY GOVERNOR OF OGUN STATE & 2 ORS

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant entered into a contract with the respondents to construct a road but in between, the appellant had to stop work which was later resumed and the respondent promised to pay as evidenced in the Certification of Completion of Work.

But the respondent terminated the contract and awarded it to somebody else. The trial court held the respondent in breach of contract and granted the principal claims of the appellant but refused claim on equipment. Both parties dissatisfied with the judgment appealed. The Court of Appeal overturned the lower court’s decision. The appellant has further appealed

HELD

Appeal dismissed

ISSUES

i. Whether or not ownership and source of the equipment and machineries (sic) used for the contract in this suit was an issue contested by parties to this case. ?

ii. Whether or not the appellant was not denied fair hearing when the court held that the respondents denied the case of the appellant?

iii. Whether from the totality of the evidence before the court, the appellant did not establish that the appellant’s equipment were kept on site while the contract was suspended which would have enabled the appellant to be entitled to judgment in the sum of N23,853,200.00 claimed as damages for loss of income on her equipment and machineries (sic) that lay idle when the contract was twice suspended.

v. Whether the learned justices of the Court of Appeal can embark on the review of evidence of the parties given at the trial court to the extent of deciding issues which border on the credibility of the witnesses

v. Whether or not the Respondents’ Notice filed by the respondents in the lower court was appropriate in the circumstances of this case

RATIONES DECIDENDI

SPECIAL DAMAGES MUST BE STRICTLY PROVED

Where a party claims special damages, the burden is on him to prove the special damages to the last kobo. He has to do this by leading credible evidence; most of the time by documents. Per Tobi JSC

CASES CITED

1. AFRO-CONT. NIG. L TD V. AYANTUYI (1995) 9 NWLR. (pt. 420) 411; 2. FALlYE V. OTAPO (1995) 3 NWLR (381) 1?

STATUTES REFERRED TO

NONE

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