The Court of Appeal, sitting in Port Harcourt, has affirmed the judgement of a Bayelsa State High Court to pay the sum of over N1 billion naira to a contractor that handled the construction of the state judiciary complex.
The contractor, Rematon Services Limited, has dragged the state government to court, headed by Justice D.E. Adokeme, following its failure to fully pay for the construction of the state judiciary complex.
The Appeal Court ruling followed an appeal filed by the office of the Attorney General and Commissioner for Justice, Bayelsa State, against the judgment of the High Court of Bayelsa State handed down on January 15, 2021.
From the court documents obtained by LEADERSHIP, the appellants owe the respondent for the construction of the Bayelsa State Judiciary Complex, Bayelsa State, and interest at the rate of 10% per annum on the judgment debt from the date of delivery till final liquidation of the judgment debt.
In his judgment, the presiding judge, Justice A.M Talba, held that the argument of the appellant’s counsel shows that he is not at home with the law on the amendment, especially as the amendment was sought before the commencement of trial. There was no objection as to the timing and substance of the amendment.
Talba further held that the trial judge was right in granting the amendment sought and the accompanying statement on oath and documents, in line with the principle of audi alteram partem; accordingly, the first issue was resolved in favour of the respondent.
The court also affirmed the trial court’s finding that the appellants are not disputing the fact of completion of the contract by the respondent, as the appellants admitted the completion of the project in paragraph 6 of the further amendment of the statement of defence, and that the greatest evidence of completion was the court hall where the Judge was sitting.
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