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Breach of Contract: Court Orders WAEC to Pay N35m
- By Abimbola Tooki
- Published September 20th, 2009
- Economic Crime
- Unrated
JUSTICE Oluyinka Gbaja-Biamila of the Lagos High Court had in his judgement delivered on suit No ID/663/2005 ordered the West African Examinations Council (WAEC) to pay AAFDEV Associates and three order claimants a cumulative sum of N35 million in the aggregate sum of N8, 750,000 over breach of contract for improperly terminating a project contract entered by the parties.
The judge also awarded interest at the rate of 6 per cent on the aggregate sum against WAEC, from November 10, 2008 till the full liquidation of the debt.
Other co-claimants are Oye Adeshina and Partners, Tempas Consultants and Gomet and Associates.
In the judgement, the judge observed the prerequisites of service have been met, as affidavit of service has been filed. He said that the court is satisfied that the defendants have adequate notice of the claim against them. He also noted that there was no appearance for the defendants despite having been served, saying that the court accepts the claimants’ claims as unchallenged and would act on same.
The claimants have in the aggregate, claimed a sum of N20, 346,931.12 on a quantum meruit basis in keeping with the federal government scale of fees for consultants in the construction industry.
According to the judge, “a claim in quantum meruit which is equitable by origin is to ensure that an innocent party to a contract which has been brought to an end improperly by the other party, is enabled to recover fair and reasonable compensation for his work or labour invested in the project before it was brought to an end”.
“There must be some breach of contractual obligation for which damages can be claimed” he further said.
He held that evidence abounds to show that the claimants had meetings, prepared drawings, schedules, conducted feasibility studies, traveled by air and incurred other sundry expenses on behalf and upon the instructions of WAEC (defendant), stressing that the claimants are therefore entitled to some form of compensation for their work and service in part performance of the contract.
The court that the claimants would be awarded reasonable remuneration for the work or service actually rendered, adding that the defendant terminated the contract after the claimants had completed preliminaries and no actual supervision of the project was carried out, held it.
It was further held by the court that if in a civil case, evidence is pleaded and there is nothing to counter it effectively, a court is entitled to accept and use such evidence.
Consequently, the court entered final judgement in favour of the claimants and awarded N100, 000 against the defendant to the claimants as costs of the action.
The four firms (claimants) whose alter egos are Adebayo Afe, Chief Isaac Oyebode Adesida, Herbert Folorunsho Adigun and Gbenga Ogunnowo-Bolaji had sued WAEC for terminating a contract entered by the parties after completing preliminary work on the project.
The judge also awarded interest at the rate of 6 per cent on the aggregate sum against WAEC, from November 10, 2008 till the full liquidation of the debt.
Other co-claimants are Oye Adeshina and Partners, Tempas Consultants and Gomet and Associates.
In the judgement, the judge observed the prerequisites of service have been met, as affidavit of service has been filed. He said that the court is satisfied that the defendants have adequate notice of the claim against them. He also noted that there was no appearance for the defendants despite having been served, saying that the court accepts the claimants’ claims as unchallenged and would act on same.
The claimants have in the aggregate, claimed a sum of N20, 346,931.12 on a quantum meruit basis in keeping with the federal government scale of fees for consultants in the construction industry.
According to the judge, “a claim in quantum meruit which is equitable by origin is to ensure that an innocent party to a contract which has been brought to an end improperly by the other party, is enabled to recover fair and reasonable compensation for his work or labour invested in the project before it was brought to an end”.
“There must be some breach of contractual obligation for which damages can be claimed” he further said.
He held that evidence abounds to show that the claimants had meetings, prepared drawings, schedules, conducted feasibility studies, traveled by air and incurred other sundry expenses on behalf and upon the instructions of WAEC (defendant), stressing that the claimants are therefore entitled to some form of compensation for their work and service in part performance of the contract.
The court that the claimants would be awarded reasonable remuneration for the work or service actually rendered, adding that the defendant terminated the contract after the claimants had completed preliminaries and no actual supervision of the project was carried out, held it.
It was further held by the court that if in a civil case, evidence is pleaded and there is nothing to counter it effectively, a court is entitled to accept and use such evidence.
Consequently, the court entered final judgement in favour of the claimants and awarded N100, 000 against the defendant to the claimants as costs of the action.
The four firms (claimants) whose alter egos are Adebayo Afe, Chief Isaac Oyebode Adesida, Herbert Folorunsho Adigun and Gbenga Ogunnowo-Bolaji had sued WAEC for terminating a contract entered by the parties after completing preliminary work on the project.
