W. S.N. ONNOGHEN, J.S.C: ( Delivering the Leading Judgment): This is an appeal against the ruling of the Court of Appeal, Holden at Abuja in Appeal NO.CA/A/60/2002 delivered on the 11th day of November, 2004 relisting the appeal of the respondent earlier 'withdrawn' and consequently dismissed.
The facts of the case include the following:
By a letter dated 8th May, 1997, the appellant was awarded a contract valued at N66, 601,099.92 (sixty-six million, six hundred and. one thousand, ninety-nine naira, ninety-two kobo) to erect some buildings, which contract was terminated on the 12th day of July, 2000 on the ground that appellant abandoned the site. Appellant was not happy with the termination and instituted suit NO.FCT/HC/CV/715/2000 on the 21St day of September, 2000 at the High Court of the Federal Capital territory, Abuja claiming the following reliefs:
"(1) A declaration that having regard to the provisions of the Building Contract NO. GWA-0241 dated 23rd December, 1997, the lev…