N4b Contract Dispute: Firms seek to quash judgment

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A foreign firm, Eutawa Construction Company Incorporated, United States of America, and its Nigerian partner, Eutawa Construction & Development Nigeria Limited have jointly filed a Notice of Appeal challenging the decision of the FCT High Court, which barred them from executing the over N4 billion contract of refurbishing the Akure branch of the Central Bank of Nigeria, CBN.

The appellants are asking the court to enter judgment against the respondent to cause it to pay them the sum of N12,945,320,000 as compensation and damages for flagrant breach of the contract.

Justice Olukayode Adeniyi had on November 19, 2020, delivered judgment in favour of the CBN and described the claimants’ suit on damages as spurious and lacking in merit and substance.

In the notice of appeal, counsel to the appellants, I.M Shishi, requested the appellate court to discountenance the ruling of the lower court on six grounds   .

Shishi said the judgment was clearly against the weight of evidence brought before the court, as according to him, the judge erred in law by holding that his clients failed to prove that the defendant (CBN) entered into such a contract with them.

He argued that the court turned blind eyes to the documentary evidence, which indicated that the claimants were in February 2020 awarded a contract for the refurbishment of the defendant’s branch office in Akure, Ondo State, at a total cost of N4,013,927,628.67.

Counsel to the appellants averred that the judge also erred in law in failing to determine the issue of whose responsibility it was to sign and provide contract award certificate among others.

Shishi, therefore, said that the court abdicated on its responsibilities to meticulously attend to the contested issues, adding that it was this failure that led the judge to decide against the suit.

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