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together with a 17 paragraph affidavit. On the 15th day of October,
2012 when the matter came up for hearing, and after listening to the
two learned counsel, the court ruled and transferred the suit to the
ordinary cause list and ordered for pleadings. The Plaintiff with the
leave of court filed its pleading on the 2nd of October, 2012 and same
was served on the defendant on the 29th day of October, 2012. The
defendant did not file its pleading and after three adjournments, all
with hearing notices properly served, the Plaintiff took his lone
witness in the person of one Mr. Chris Nwoye and tendered Exhibits
PW1 ‘A’ – ‘E’.
The Plaintiff’s claim is structured in paragraphs 3–13 of its
statement of claim which is to the effect that on the 17th day of May,
2011, the defendant awarded a contract for the engineering
construction of storm water channelization at the FCDA staff Estate,
Galadimawa, Abuja for a total contract sum of N11,275,000.00. The
agreed duration of the contract was six months and payments shall
be in stages. The Plaintiff went to site and carried out substantial
part of the work before the defendant unilaterally shut down the site
thus preventing the Plaintiff from completing the project. The
defendant on its own carried out interim valuation of the work done
and came up with the figure of N6,315,650.00 but the defendant
never paid. After waiting for a period of time, the Plaintiff instructed
its solicitors to write a formal demand letter on the 23rd day of
January, 2012.
On the 7th day of February, 2012, the defendant
replied calling for a meeting to seek ways to resolve the issue. The
Plaintiff, again through its solicitor responded by a letter dated 8th
February, 2012 and suggested date and venue for the proposed