MUNTAKA-COOMASSIE JCA (Delivering the Lead Judgment): The plaintiff in his amended statement of claim dated 9 February 2001, claimed against the defendant as follows:
(i) A declaration that by failingto pay to the plaintiff the sum of N416,166.00 (four hundred andsixteen thousand,one hundred and sixty-six naira) due and owing to her for works properly carried out under the contract between the defendant and the plaintiff, the defendant is in breach ofcontract and the plaintiff is entitled to damages for loss of profit; (ii) The sum of N5,000.000.00 (five million naira), being general damages for breach of contract and loss of profit.
(iii) The sum of N416,166.00 (four hundred and sixteen thousand, one hundred and sixty-six naira) being outstanding sum due and payable to the plaintiff for work properly carried out and certified under the contract between the defendant and the plaintiff.” Pages 35 - 37 of the record. The defendant filed its statement of defence dated 28 June 2002 wherei…