Consequently, the Respondent filed the suit for breach of contract and recovery of
the sum owed.
The Applicant tried to file its defense out of time without leave of Court and prayed
the Court for time to enable the parties settle out of Court. However, on the 6th
October 2016, the Court delivered its judgment in lieu of defense and ordered the
Applicant to pay to the Plaintiff the sum of N20, 698,920 (Twenty Million, Six
Hundred and Ninety Eight Thousand, Nine Hundred and Twenty Naira) only being
the outstanding contract sum and interest at 1% of the sum per day from 16th April
2015 till judgment debt is liquidated.
ISSUE FOR DETERMINATION
1. Whether the Applicants have laid before the Court new facts which are of a
decisive nature capable of sustaining this Application.
The facts upon which the Applicants filed this application is premised on the grounds
that the Respondent allegedly, fraudulently misrepresented the contract price which
forms the material fact in the contract and the Applicants relied on these facts as the
basis of signing the contract. The Applicant further contend that the contract is
voidable and the Respondent/Judgment creditor is not entitled to the Judgment debt.
The Applicant relied on the following Articles as contained in the Preamble to the
contract as basis for the award of the direct contract to the Respondent which reads
as follows:
3