OMO, J.S.C (Delivering the Leading Judgment): The parties to this appeal entered into a written contract in December, 1974 for the plaintiff to construct 199 Duplex buildings (Type H4-H3a) at a contract sum of N13,372.800.00. 140 of these houses were to be constructed in Festac (Festival of Arts and Culture) Town, and the balance of 59 at another location called Ipaja. This contract, copy of which was tendered and admitted in evidence as Exhibit 1 (vide pp. 993-1038 Volume 3 of the record of proceedings), provided for the initial payment of mobilisation fee to the contractor, to be followed by payments made on the basis of "stage of work" agreed upon. A fixed date for the completion of the buildings was also agreed upon.
Sometime in 1976, defendant purported to terminate this contract. Following the intervention of the Federal Minister of Housing, Urban Development and Environment, this termination was set aside and the plaintiff returned to the site and continued his work.. The contr…