<p><strong> OGUNBIYI JCA (Delivering the Lead Judgment): </strong> The claimant/ appellant commenced this action at the lower court by filing a writ of summonsand statement of claimboth dated 27 May 2002, and claims against the defendants/respondents the total sum of N26.5million(twenty-six million,five hundred thousand naira) being special and general damages for a road stabilization contract awarded the appellant by the respondents which contract the former claimed to have completely executed.</p><p>The particulars of special damage are as follows:-</p><p>The sum of N20,007,076.60(twenty million, seven thousand, seventy-sixnaira, sixtykobo) beingthe balance of the contract sumof N35,007,076.60(thirty-five million, seven thousand, seventy-six naira, sixty kobo) due to the claimant in respect of the stabilization of a 16.5 kilometre laterite roadfromAjegbenwa to Dongoin Ibeju Lekki Local Government Area of Lagos State; and The sum of 1.5 million (one million, five hundred thousand) being retention fee.</p><p>General Damages:</p><p>…</p>