PETER-ODILI JCA (Delivering the Lead Judgment): This is an

appeal by the defendants/appellants against the judgment of honourable Justice M. U. Kusherki of the Abuja High Court dated 5th June, 2002.

The plaintiffs/respondents filed the writ of summons in this suit along with a statement of claim in which they claimed jointly and severally the sum of: A N297,643.00 (two hundred and ninety-seven thousand, six hundred and forty-three naira) being money had and received for a consideration that has totally failed.

N327,792,00 (three hundred and twenty-seven thousand , seven hundred and ninety-two naira) being the new costs of the contract (N956,000.00) (nine hundred and fifty-six thousa nd naira ) le ss t he origina l cont ra ct sum of N622,208.00 (six hundred and twenty-two thousand, two hundred and eight naira).

Whereof the plaintiffs claim the said total sum of N625,255.00 (six hundred and twenty-five thousand, two hundred and fifty-five naira) and general damages for breach of contract.

F…