ABDUL GANIYU OLATUNJI AGBAJE, JSC (Delivering the Leading Judgment): The plaintiff company Fanz Construction Company Ltd., sued the defendant Board, Kano State Urban Development Board, in a Kano High Court claiming against it a total of ₦6,922,742.00 being damages for a breach of an agreement in writing dated 16th July, 1975 entered into between the plaintiff and the defendant. According to the claim the plaintiff in consideration of the sum of ₦11,368,652.02 agreed in the agreement to build 840 units of dwelling houses including infrastructures at Kundida Housing Estate Zaria Road, Kano, according to the specifications supplied by the defendant. The contract price of the buildings, according to the plaintiff and to the agreement was to be settled by instalments and by reference to the work completed on the building contract, payment being made upon presentation to the defendant by the plaintiff of certificate or certificates of completion of work issued by the appropriate body.
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