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TOBI, JCA (Delivering the Lead Judgment): The respondents, as plaintiffs, sought a declaration that the appellants, as defendants, breached a contract entered into between them in February, 1990 for the supply of aluminium sliding doors and windows and 14 meters hand rail with wireglass. The respondents asked for N1,000,000.00 for breach of the contract which was particularised as follows:- “Amount deposited with defendants for which a refund was sought: N40,000.00, and general damages of N960,000.00.” The respondents made an immediate payment of N40,000.00 leaving a balance of N2,000.00 making a total of N42,000.00 which was the contract sum.
Following non-supply of the materials, the respondents sued. The 2nd respondent gave evidence and closed their case. The appellants did not give any evidence. The learned trial Judge gave judgment in favour of the respondents, as plaintiffs. He ordered as follows:-
“In the circumstance, the defendants shall pay the plaintiffs as follows:- Th e a…