MUSDAPHER, J.C.A.: (Delivering the Leading Judgment): In the High Court of Benue State of Nigeria, in the Makurdi Judicial Division and in suit No. MD/5/85. The Plaintiff claim against the Defendant is as follows:-
"(a)(i) The sum of ₦31,542 being the sum paid by the Plaintiff to the Defendant for a consideration that has totally failed.
(ii) The sum of ₦5000.00 as General Damages for breach of contract.
(iii) An Order asking the Defendant to remove the structure.
OR. In the Alternative
(b)(i) Special Damages for breach of contract in the amount of ₦31,226.58 as follows:-
45% of contract cost ₦14,193.90 Cost escalation estimate at 120% ₦17,032.68
(ii) The sum of ₦5000.00 as General Damages for breach of contract."
Pleadings were ordered filed and exchanged. In the course of the trial the Defendant successfully sought leave to amend the Statement of Defence and also to include a counter-claim. The Plaintiff filed a Reply to the Counter-Claim. The case suffered protracted delays caused…