OGUNDARE, JSC (Delivering the Leading Judgment): The only question calling for determination in this appeal is as to whether or not the plaintiff in an action for breach of contract is entitled to award of general damages where his claim for special damages for the contract sum nearly wholly succeeds.
The plaintiff (who is now the appellant before us) had sued the defendant (now respondent) claiming as hereunder:-
"The plaintiff's claim as against the defendant is for the sum of ₦50,000.00 being special and general damages arising out of a breach of a building sub-contract.
By an agreement dated the 5th of July, 1982 between the parties, the plaintiff agreed to construct one block of COI/LT COL. Quarters on behalf of the defendant for the use of Nigerian Army Engineers Ministry of Defence Lagos at Jaji Kaduna for a consideration of ₦51,999.00 after due completion of the structure by the plaintiff the defendant refused to issue the plaintiff with certificate of payment and consequentl…