CORAM

COKER JUSTICE, SUPREME COURT

FATAYI-WILLIAMS JUSTICE, SUPREME COURT

SOWEMIMO JUSTICE, SUPREME COURT

PARTIES

UGWE UKOHACHIEF EKATA EMETUO. O. EKEI. L. IMAGE APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiff/Respondent entered into a building contract with the defendant/appellant which was later terminated by the defendant after the plaintiff had started work. The plaintiff instituted an action claiming general and special damages which was granted.

HELD

The appeal failed and it was dismissed.

ISSUES

“Whether the sum of £6,541.14.6d. special and general damages awarded by the court is excessive and not supported by the evidence before the court, and the basis of the award is misconceived and unintelligible.”

RATIONES DECIDENDI

ASSESSMENT OF DAMAGES FLOWING FROM A BREACH BY AN EMPLOYER IN A BUILDING CONTRACT

“It is obvious that builders work for a profit, and apart from his entitlement to the price, the damage to a builder caused by any breach of contract by the employer will be assessed in the light of its impact upon his profit. In the case of prevention, that is to say, where the employer has wrongfully terminated the contract, or has committed a fundamental breach justifying the builder in treating the contract as at an end, and the latter accordingly ceases work, the measure of damages will be the loss of profit which he would otherwise have earned” Per SOWEMIMO, JSC

CASES CITED

STATUTES REFERRED TO

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