This is an appeal against the judgment of the Court of Appeal Ibadan Division delivered on the 17th April 2008 in Appeal No. CA/1/15/2007 wherein the lower Court dismissed the appeal of the Appellant therein. The relevant facts leading to this appeal as can be garnered from the record of appeal are stated hereunder.

In executing the contract awarded to it by the Federal Government to dualise the Ibadan/Ife Road, the Respondent, a Construction Company, entered into a number of lease Agreements with the Appellant to use his land for "site erection and excavation of materials." Clause 5 in the Agreements dated 10th April 1995, 26th November 1996, 16th May 1997, & 10th June 1997, reads:

"It is herein agreed that the said parcel of land shall be levelled and made usable by Reynolds after the completion of the Road before handing it over to the said owner. The land owner shall make available a trustworthy watchman and shall be employed by Reynolds within the period of operation."

On completion of the project, the Appellant approached the Respondent to make good the land as previously agreed and after repeated demands to no avail, he instituted an action at the Ibadan High Court of Oyo State, claiming:

At the end of trial in which the Appellant called seven witnesses and one witness testified for the Respondent, and after hearing addresses of counsel, the learned trial Judge, A. A. Sanda, J., delivered his Judgment on the 18th of July 2005, wherein he granted the declaration as claimed by the Appellant.

He awarded the sum of N250,000.00 to him as general damages and N25,000.00 as cost of survey, but he dismissed the claim for special damages. Aggrieved by the decision, the Appellant appealed to the lower Court.

The lower Court in its judgment dismissed the appeal and affirmed the decision of the trial Court. Not being satisfied with the decision of the lower Court delivered on the 17th April 2008, the Appellant has further appealed to this Court.