ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ondo State High Court, Akure Division delivered on 28th October, 2008 in Suit No. AK/233/2005.
In an amended statement of claim dated and filed on 20th October, 2005, the Appellant as the plaintiff claimed as follows:-
"The plaintiff's claim against the Defendant (sic) jointly and/or severally is for the sum of N100,000,000 (One Hundred Million Naira) being special and general damages for the (sic) breach. The Defendants on an agreement with the plaintiff dated the 1st day of February, 2002 awarded the design, supervision and contract management for the rehabilitation of Ilutitun - Omotoso Road, Ondo State of Nigeria to the plaintiff. The Defendants had refused and/or neglected the fulfill the contract despite repeated demands."
(See page 7 record of appeal)
In a statement of defence dated 17/01/2006 but filed 19/01/06, the Defendants, while admitting some of the paragra…