The respondent as plaintiff in the Lagos State High Court, took action against the appellant as defendant for the sum of N90, 000.00 as damages for breach of agreement both oral and in writing made on 6th day of October, 1976 between the parties for the erection of two houses one at Surulere and the other at Victoria Island. Against this claim the appellant filed a defence and a counter claim for N105, 002.48 being general and special damages for breach of the said contract.

The respondent filed a reply to the Statement of Defence and counter claim of the appellant.

The matter proceeded to trial and judgment was given on 24th February, 1986 in favour of the respondent.

The appellant’s counter claim was dismissed.

Dissatisfied with this judgment the appellant has now appealed to the Court of Appeal.