ROWLAND, J.C.A. (Delivering the Leading Judgment): This appeal stems from the decision of Yusuff J., of the Oshogbo High Court delivered on Wednesday the 30th day of May, 2001 in suit No. HOS/M.80/2000 in which the learned trial Judge struck out the application of the appellant who was the plaintiff at the court below. The application was struck out on the basis that the contract was statute barred. The ruling of the lower court is at pages 17 to 20 of the records.
The facts of this case are simple and straightforward. The appellant was employed by the respondents to carry out repairs of damaged School buildings at Ife North Local Government Area of Osun State. The contract for the repair of the School buildings was signed by the parties on 14th day of October, 1992 for a total sum of N1,984,558.00. See page 7 of the records. It would appear that the job was satisfactorily executed and the respondents thereafter made a part-payment of N945,375.00 in two installments, that is, N500,00…