an interest of between 0.5 to 10% of the contract sum per day shall be
applied to the contract sum.
Following the neglect, failure and refusal of the Defendants to pay the
Plaintiff, the Plaintiff, by a letter dated 14th April, 2015 gave notice to the
Defendants of its intention to apply the interest in accordance with terms
of the special condition of the contract.
By a letter dated 24th April, 2015 the Defendants admitted owing the
Plaintiff the sum of fifty six million, four hundred and fifteen, four hundred
and twenty two naira (N 56, 415, 422.00) to be paid in two tranches. The
first tranche of the sum of N35, 717, 422 (Thiry five million, seven hundred
and sixteen thousand, four hundred and twenty two naira only). The
second tranche will be N20, 698, 920.00 (Twenty million, six hundred and
ninety eighty thousand, nine hundred and twenty naira. The Defendants
have paid the sum indicated in the first tranche but the second tranche of
N 20, 698, 920.00 (Twenty million, six hundred and ninety eight thousand
nine hundred and twenty naira only), has remained unpaid till date despite
repeated demands.
The Plaintiff, by a letter dated 23rd September, 2015, indicated its intention
to initiate arbitration proceedings against the Defendants in accordance
with the provisions of the contract but the Defendants did not respond or
indicate intention to pursue that option.
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