MONICA BOLNA'AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): Solel Boneh (Nigeria) Ltd which is the Appellant and shall herein be so referred to is the main contractor to the University of Port Harcourt Teaching Hospital Project. Canitec International Company Ltd is the Respondent and a subcontractor to the Appellant. The services of the Respondent were employed by the Appellant to execute the laying of terrazzo works and skirting works in "Block J" at the University of Port Harcourt. The said subcontract was settled at the rates of ₦1,400.00 (One thousand four hundred Naira) per square metre and ₦300.00 (three hundred Naira) per linear metre respectively. The terms of the subcontract were documented and executed as the subcontract Agreement as exhibited in "Exhibit. A" (pg 21-24 of the records for this appeal referred). The job was successfully executed and duly paid for in terms of "Exhibit A".
The Appellant subsequently made another offer to the Respondent termed "an e…