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 …