AUGIE, J.C.A:(Delivering the leading judgment) In executing the contract awarded to it by the Federal Government to dualise the Ibadan(Ife Road, the Respondent, a Construction Company, entered a number of lease Agreements with the Appellant to use his land for "site erection and excavation of material". Clause 5 in the Agreement dated 10th April 1995, 26th November 1996, 16th May 1997, and 10th June 1997, reads-
"It is herein agreed that the said parcel of land shall be leveled and made usable by Reynolds after the completion
of the Road before handing it over to the said owner. The land owner shall make available a trustworthy watchman and shall be employed by Reynolds within the period of operation". (Italics mine).
On completion of the project, the Appellant approached the Respondent to make good the land as previously agreed and after repeated demands to no avail, he instituted an action at the Ibadan High Court of Oyo State, claiming-
(a)A declaration that the defendant is in bre…