ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): The appellant was the plaintiff in suit No. HU/342/2000 commenced at Uyo division of the High court of Akwa Ibom State through the writ of Summons filed on 13th October 2000. The Statement Claim filed on 29th January, 2001 was amended and further amended by the Further Amended statement of claim filed on 28th June, 2006 wherein the plaintiff set out his claim in paragraph 35 thus:
"i) A declaration that the unilateral determination of the contract by the 1st and 2nd defendants which was entered into between the plaintiff and 1st and 2nd defendants for construction of 1 No. Standard Health Clinic at Mbak Ekpe, Ibesikpo Asutan Local Government Area without following the terms of the contract is a breach by the 1st and 2nd defendants.
ii) An order that the 1st and 2nd defendants pay the sum of N2, 958,791.50 (Two Million, Nine Hundred and fifty-eight thousand seven hundred and ninety one naira, fifty kobo (quantum meruit) be…