c. The second tranche of the contract was for the sum of N20, 698,
920.00 (Twenty million, six hundred and ninety eight thousand, nine
hundred and twenty naira only). The job was executed on schedule
for a certificate of job completion issued to the Plaintiff by the
Defendants. However, the Defendants have refused or neglected to
pay the sum outstanding dispute several demands by the Plaintiff.
d. The Defendants have not denied any of these allegations (even from
the
purported
statement
of
defence,
which
the
Court
discountenanced, the debt was clearly admitted).
Accordingly, it is obvious that the Plaintiff has proved his case by a
preponderance of evidence and is entitled to reliefs.
First the contract is clear as to the terms and period of payment which the
Defendants have breached. The payment of the contract sum was due
since December, 2014 but the Defendants have refused to pay the sum
well over 120 days period provided for by the contract prepared by the
Defendants and agreed to by the Plaintiff. The Defendants inserted a
penalty clause for purposes of ensuring compliance and is now the
offending party.
It will therefore serve the interest of justice to award some interest against
the Defendants for breach of the contract it voluntarily entered into with
the Plaintiff, and thus the Court makes the following decisions :
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