S. U. ONU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Enugu Judicial Division (Coram: Macaulay, Oguntade and Uwaifo. J. J. C. A.) delivered on the 24th day of November. 1988 wherein that court set aside the judgment of the High Court delivered in the case on the 16th day of January, 1980, and entered judgment for the Defendant/Respondent/Appellant (hereinafter simply referred to as Defendant).
The historical background of the case giving rise to the appeal may be summarised as follows:-
The Defendant, who is a medical practitioner by profession, entered into a written building contract with the Plaintiff/Appellant/Respondent (hereinafter referred to as Plaintiff) for the construction by the Plaintiff of two separate houses at the Defendant's leasehold property situate at Plot 'L' Lugard Avenue Extention, GRA, Enugu known as Nos. 6 and 8 Federal Crescent, G.R.A., Enugu. The agreed contract price was then N27,000.00 (Twenty-s…