HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kaduna State in Suit No KDH/KAD/388/2013 delivered by Honorable Justice Tanimu Zailani on the 11th of March, 2014. The Appellant commenced the action in the lower Court and its claims against the Respondent were for an order of specific performance directing the Respondent to within two weeks complete the contract by delivering and fixing all the doors, wardrobes and fully completing the kitchen cabinets in line with the contract specification and the cost of the action or alternatively damages in the sum of ₦10 Million in addition to returning the amount had and received under the contract.
The case of the Appellant on pleadings was that sometime in August 2011, he commissioned the Respondent to make or produce doors and door frames of various types, wardrobes and kitchen cabinets and to affix same in his building at NITR Site and Service Scheme in Ungwa R…