NZEAKO, JCA (Delivering the Lead Judgment): On 28th July, 1999, Aliyu, CJ sitting at the High Court of Justice in Jalingo, Taraba State of Nigeria gave judgment in suit No. TRSJ/31/93.
The plaintiff in the suit claimed from the defendant the following:-
N1,075,657.00 being outstanding sum payable to the plaintiff by the defendant for work done pursuant to a contract which the parties entered into for the construction of a modern hotel- guest house at Bali.
N300,000 being for variation necessitated by fluctuations of market prices which was duly approved by the defendants vide letter No. BLG/S.253/Vol.1/30 dated 29/1/92. Further damages of N2,990,512.00.
Pleadings were ordered, filed and exchanged by parties and the suit proceeded to trial upon amended pleadings filed byeach party. The defendants had also counter-claimed, and to this the plaintiff also filed a reply. The plaintiff testified and called one witness. The defence also called one witness.
Trial concluded, the learned trial C…