(1993) JELR 44662 (SC)    

Supreme Court  ·  SC.84/1987 ·  2 Jul 1993 ·  Nigeria
Other Citations
Warner & Warner Int. v. F.H.A. (1993) NWLR (Pt.297) (1993) 7 SCNJ 1
WarnerWarner Int. v. F.H.A (1993) 6 NWLR (Pt. 298) 148
SAIDU KAWU Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria UCHE OMO Justice of The Supreme Court of Nigeria
Core Terms Beta
learned judges of the court of appeal
court of appeal
general damages
learned trial judge
agreed time
building contract
essence of this contract
contract agreement
wrong conclusion
alleged failure of the respondents
completion of the buildings
essence of exhibit
following findings
grounds of appeal
high court
aforesaid contract
complete buildings
contract provision
contract sum of n13,372.800
counter-claim of the appellants
dated 29th january
duplex buildings
festival of arts
final amended statement of claim
fixed date
germane findings of facts
high court of lagos
initial payment of mobilisation fee
intervention of the federal minister of housing
leading judgment
learnt trial judge
letter of termination of the contract
n1,764,149.78 less n190,041.60
particulars of debts
proper case
reasonable time of performance time
reference no. fhac 29a
specific new date
stage of work
such non-existent facts
sum of n15,000,000.00
written contract

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…

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