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KUSFA
V.
UNITED BAWO CONSTRUCTION CO. LTD.

(1994) JELR 45358 (SC)

Supreme Court 15 Apr 1994 Nigeria
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- The plaintiff, a sub-contractor, completed construction work for the defendant but was not paid the balance of the contract sum; he sued for ₦27,525.66 as special damages (balance due) and ₦22,474.00 as general damages for breach (hardshi

Case Details

Suit Number:SC.180/1989
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Counsel:J.B. Daudu, Esq. For Appellant F. Adekoya (Mrs) (with her, N. Olafimihan (Miss)) For Respondent
Other Citations:Kusfa v. United Bawo Const. co. Ltd (1994) 4 NWLR (Pt.336) 1 (1994) 4 SCNJ 1

OGUNDARE, JSC (Delivering the Leading Judgment): The only question calling for determination in this appeal is as to whether or not the plaintiff in an action for breach of contract is entitled to award of general damages where his claim for special damages for the contract sum nearly wholly succeeds.

The plaintiff (who is now the appellant before us) had sued the defendant (now respondent) claiming as hereunder:-

"The plaintiff's claim as against the defendant is for the sum of ₦50,000.00 being special and general damages arising out of a breach of a building sub-contract.

By an agreement dated the 5th of July, 1982 between the parties, the plaintiff agreed to construct one block of COI/LT COL. Quarters on behalf of the defendant for the use of Nigerian Army Engineers Ministry of Defence Lagos at Jaji Kaduna for a consideration of ₦51,999.00 after due completion of the structure by the plaintiff the defendant refused to issue the plaintiff with certificate of payment and consequentl…

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