AJIGBOTOSHO v. REYNOLDS CONSTRUCTION CO. LTD.

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Facts:

Facts:

The respondent was awarded a contract by the Federal Government for the dualisation of the Ibadan-Ife Road. In order to execute the contract, the respondent entered into an agreement with the appellant for the lease of several parcels of land for use during the contract. The agreements between the parties contained a clause to the effect that the parcels of land leased shall be leveled by the respondent after the completion of the road before handing them back to the appellant. It was further stated that the appellant shall provide a trustworthy watchman to keep watch over the parcels of land to be under the employment of the respondent within the period of the road construction.

After completing the project, the appellant approached the respondent to fulfil the covenant in the agreement but the latter declined. After repeated demands to no avail, the appellant filed a suit against the respondent at the High Court of Oyo State, Ibadan Division claiming breach of contract as well as special and general damages. The appellant claimed the sum of N743,149.20 (Seven Hundred and Forty Three Thousand, One Hundred and Forty Nine Naira, Twenty Kobo) as cost of repair of road damage and another sum of N3,712,500.00 (Three Million, Seven Hundred and Twelve Thousand, Five Hundred Naira) being the amount required to rehabilitate the damaged parcels of land and a further N25,000.00 (Twenty Five Thousand Naira) as cost of the survey. All these claims were made under special damages. The appellant also sought general damages in the sum of N1,000,000.00 (One Million Naira).

The matter went to trial and the appellant failed to specifically plead and prove some of the claims under special damages. The court ruled that the respondent was in breach of the lease agreement between the parties and granted the claim for survey and N250,000.00 (Two Hundred and Fifty Thousand Naira) as general damages in favour of the appellant but declined to grant the other claims under special damages on the ground that they were not specifically pleaded and proved. The appellant was aggrieved and filed a notice of appeal at the Court of Appeal, Ibadan Division asking the court to overrule the High Court. After hearing the parties, the Court of Appeal in a unanimous decision, held that the lower court was right and consequently dismissed the appeal. The appellant was further aggrieved and filed a notice of appeal at the Supreme Court challenging the dismissal of his appeal by the Court of Appeal.

The sole issue for determination is whether in view of the pleadings, evidence adduced and the state of the law, the lower court was right in upholding the decision of the trial court thereby dismissing the appeal.

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