Alhaji Amusa Ajigbotosho V. Reynolds Construction Co. Ltd. (2008)

LawGlobal-Hub Lead Judgment Report

AUGIE, J.C.A.

In executing the contract awarded to it by the Federal Government to dualise the Ibadan(Ife Road, the Respondent, a Construction Company, entered a number of lease Agreements with the Appellant to use his land for “site erection and excavation of material”. Clause 5 in the Agreement 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 leveled 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”. (Italics mine).

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-

(a)A declaration that the defendant is in breach of the various lease Agreements on land entered with the Plaintiff by failing to level and make usable the various parcels of land leased to her for the purposes of road construction by the Plaintiff at Idi-Omo Village, Egbeda Local Government Area, Ibadan particularly Agreement dated 10th April 1995, 10th and 15th May 1995, 23rd January and 26th November 1996, 16th May and 10th June 1997.

(b) DAMAGES

SPECIAL

(1) Cost of repair of damaged road 743,149.20

(2) Amount required to rehabilitate damaged parcel of

land as per the lease Agreements 3,712,500.00

(3) Cost of claim survey 25,000.00

GENERAL DAMAGES 1,000,000.00

5,480,649.20