IBRAHIM KOLAPO SULU-GAMBARI, J.C.A. (Delivering the Leading Judgment): In the writ of summons as well as the statement of claim filed by the plaintiff against the defendant, the plaintiff claimed the sum of N90,768.12k for building work executed for the defendant. Under a building Contract A, the parties entered into an agreement dated 26th March, 1979 where the plaintiff as a Building Contractor was to build six single classrooms, three twin classrooms, one store, one clerks' department, one administration block and two toilets for the Nigerian Army Cantonment in Ojo, Lagos.
The defendant was the Contractor who sub-contracted the building to the plaintiff. The defendant paid the plaintiff N18,800,00 leaving a balance unpaid of N16,900.00 out of the contract sum of N35,700.00. The defendant did not deny this up to this stage. It agreed it was owing the plaintiff the sum of N16,900.00 on Contract A. Its further answer was that the parties had agreed that the amount of N16,900.00 due to…