M. S. MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of the High Court of Justice of the Federal Capital Territory, Abuja, Coram Kusherki, J., herein called lower court delivered on 6/4/98.
The parties to this appeal entered into road construction contract. The said contract was awarded to the plaintiff, now respondent, on 3/6/97 by which the respondent, as contractor, contracted to build, for the appellants, as employers, Link Road 3 Alignment headed AWARD OF CONTRACT FOR THE CONSTRUCTION OF LINK ROAD III ALIGNMENT, from Keffi Road to Airport express way Abuja. Before the work started in earnest, a dispute arose as a result of which the appellants terminated the contract on 29/8/97 for failure to mobilise to the site and incompetence. Same contract was re-awarded to 3rd appellant - SKY TECHNICAL NIGERIA LIMITED.
Consequently, the respondent's company, Kaydee Ventures Limited, as plaintiff, instituted an action before the lower court …