ONNOGHEN JSC (Delivering the Lead Judgment): This is an appeal against the ruling of the Court of Appeal, holden at Abuja in appeal No. CA/ A/60/2002 delivered on 11 November 2004 relisting the appeal of the respondent earlier ‘ withdrawn’ and consequently dismissed.
The facts of the case include the following:
By a letter dated 8 May 1997, the appellant was awarded a contract valued at N66,601,099.92 (sixty-six million, six hundred and one thousand , ninety-nine naira, ninety-two kobo) to erect some buildings, which contract was terminated on 12 July 2000 on the ground that appellant abandoned the site. Appellant was not happy with the termination and instituted suit No.
FCT/HC/CV/715/2000 on 21 September 2000 at the High Court of the Federal Capital territory, Abuja claiming the following relief:
“(1) Adeclaration that having regard to the provisions of the building contract No. GWA-0241 dated 23 December 1997, the level of construction attained by the plaintiff, the conduct of the …