S. U. ONU, J.S.C. (Delivering the Leading Judgment): The appellant as plaintiff had instituted the action giving rise to the appeal herein against the 1st defendant/respondent for breach of contract in the High Court of Justice, Kaduna State holden in Kaduna. The contract was for the investigation and drilling of productive boreholes in Kachia and Jema'a Local Governments both of Kaduna State. The 2nd defendant/respondent was sued as a nominal party thereto.
The facts of the case may be briefly summarised as follows:-
The respondents awarded a contract for the construction of 320 productive boreholes in the Kachia and Jema'a Local Government Areas of Kaduna State to the appellant. The contract price was nine million, four hundred and two thousand, two hundred and forty-one naira only (N9,402,241.00) and was signed by both parties on the 21st October 1981.
The contract which consisted of some conditions which regulated the obligations of the contracting parties contained one requiring …