ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Katsina State High Court of Justice delivered on 27th November, 2012 by S.A. Mahuta J.
The Appellant was the Plaintiff at the lower Court while the Respondent was the Defendant.
By the writ of summons dated 13th December, 2007 filed on 17/12/2007 in suit No. KTH/54/2007 the Appellant sued the defendant claiming the following reliefs;
a. "The difference between the amount expected and the amount paid by the defendant N32,446,507,30K
b. General damages N20,000,000.00k" (Underline mine)
Brief facts of the case leading to this appeal are as follows;
The defunct Petroleum Trust Fund (PTF) awarded a contract to the Respondent. The Respondent awarded a sub-contract to the Appellant to construct Eleven Residential Houses for Engineers representative at Sabke Dam, Irrigation and water supply project Daura, Katsina State.
The trial Court in its judgment held inter alia as follows;
"....It is the…