M. BELLO, J.S.C (Presiding and Delivering Leading Judgment): We allowed this appeal on 5th November 1984, set aside the decision of the Court of Appeal and remitted the case to the Court of Appeal for hearing on the merits. We reserved our reasons for doing so to be delivered today. I now state my reasons.
In the High Court of Lagos State the respondent as plaintiff claimed jointly and severally against the University and its Vice-Chancellor, now the present appellants, for a declaration that he was the Deputy Chief Engineer of the University, that the purported anticipatory breach of contract between him and the University was null and void and injunction restraining the University from committing breach of contract. In the alternative, he claimed N50, 000 damages for breach of contract.
After hearing the evidence, the trial judge granted the declarations sought and awarded N12, 200 as damages for breach of contract with N1,000 costs against the University. He dismissed the claim a…