Facts:

On the 30th of April, 1977, the defendant/respondent (Kogi State Government) awarded in favour of the plaintiff/appellant (Usi Enterprises Limited) a contract for the construction/rehabilitation of selected Water Supply Schemes in Kogi State in the sum of 11,024,714.00 (Eleven million, twenty four thousand, seven hundred and fourteen naira) In March 1998, the defendant/respondent awarded additional contract to the plaintiff/appellant in the sum of 8,554,910.00 (Eight million, five hundred and fifty four thousand, nine hundred and ten naira) and consequently, the parties jointly executed an addendum to the main agreement. Prior to the execution of the agreement, the defendant/respondent through a letter dated 23/ 4/97 had communicated to the plaintiff/appellant their approval to award the said contract and the plaintiff/appellant through its letter dated 24/4/97 accepted to execute the said contract. 

In July 1998, the plaintiff/appellant successfully completed the said water project at the various sites and a part payment of 15,303,616.00 (Fifteen million, three hundred and three thousand, six hundred and sixteen naira)