SIDI DAUDA BAGE, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Ibadan Division delivered on the 17th April, 2008 in Appeal No. CA/1/15/2007 wherein the lower Court dismissed the appeal of the Appellant therein. The relevant facts leading to this appeal as can be garnered from the record of appeal are stated hereunder.
In executing the contract awarded to it by the Federal Government to dualise the Ibadan/Ife Road, the Respondent, a Construction Company, entered into a number of lease Agreements with the Appellant to use his land for "site erection and excavation of materials." Clause 5 in the Agreements dated 10th April 1995, 26th November 1996, 16th May 1997, and 10th June 1997, reads: -
"It is herein agreed that the said parcel of land shall be levelled and made usable by Reynolds after the completion of the Road before handing it over to the said owner. The land owner shall make available a trustworthy watchman and shall be emplo…