OBADINA, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Adamawa State in its appellate jurisdiction, sitting at Fufore, delivered on the 5th day of August, 1998. The appellant was the plaintiff while the respondent was the defendant at the trial court.
According to the plaintiff/appellant, the respondent, vide a contract agreement dated 7th of September, 1994, awarded a contract to the appellant for the renovation of the District Head’s House, Ribadu, at a total cost of (₦437,640.00) four hundred and thirty-seven thousand, six hundred and forty naira. - See exhibits “A” and “B”. After performing the contract half way, the plaintiff/appellant pleaded with the defendant/respondent for payment. The work was inspected by the respondent and an inspection certificate was issued exhibit C. The appellant was then paid a part payment of (₦218,000) two hundred and eighteen thousand naira by the respondent.
Thereafter, the appellant applied to …