(1998) JELR 45670 (SC)    

Supreme Court  ·  SC.234/1990 ·  13 Feb 1998 ·  Nigeria
Other Citations
Vanderpuye v. Gbadebo (1998) 3 NWLR (Pt.541)271 (1998) 1-2 S.C 168
Vanderpuye v. Gbadebo (1998) 3 NWLR (Pt. 541) 271
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
court of appeal
brief writing
building projects
grounds of appeal
lower court
documentary evidence
considered judgment
court of appeal right
facts of this case
high court
lead judgment
learned counsel
learned justices of appeal
reasonable time
view of the evidence
affirming of the finding of the high court
breach of the contract agreement
briefs of arguments
brief synopsis of the facts of the case
brief writing-see engineering enterprises
building project
complete control of its execution
contract agreement
decision of the court of appeal
decision of the learned trial judge
end of the hearing
evaluation of the printed evidence
evidence of disappointment of provision
few of the letters
finding of facts
following findings of fact
following words
judgment of trial lagos high court
leading judgment
n90,000.00 damages
outline facts of the case
outstanding work
remaining work
single letter
supreme court
view of the above observation

MOHAMMED J.S.C. (Delivering the Leading Judgment): In this appeal, Dr. Oswald J. Vanderpuye, is contesting a decision of the Court of Appeal, Lagos Division,. in which the lower court affirmed the judgment of trial Lagos High Court. The respondent who was plaintiff at the trial High Court is a builder and civil engineering contractor. The appellant wanted two buildings to be constructed for him at his two landed properties. No. 141 Enia Soro Beyioku Street. Surulere, and Plot 839, Victoria Island, Lagos. The appellant approached the respondent and requested him to undertake the two jobs. The parties on 6th October, I976, agreed both orally and in writing that the respondent should proceed to construct the two buildings.

When the two buildings were almost completed, the appellant, in August 1977, terminated the contract agreement and barred the respondent from carrying on with the remaining work on the two buildings. The respondent went to court and claimed N90,000.00 damages against …

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