U. Ugwe Ukoha & Ors V. G. Golden Okoronkwo (1972)

LawGlobal-Hub Lead Judgment Report

SOWEMIMO, J.S.C. 

The appellants, who were defendants in the lower court, have appealed against the judgment of Allagoa l. in which he awarded a total sum of 6,541.14s.6d as special and general damages against them jointly and severally in favour of the respondent.

The action titled Suit No. HU/9/1965 was instituted at the High Court, Umuahia, in the then Eastern Nigeria. The plaintiff’s claim as contained in paragraph 18 of the statement of claim is expressed as follows:-

“Whereof the plaintiff claims from the defendants jointly and severally 7,015.18s.6d made up as follows:

1. 1,374.18s.6d being the unpaid balance of the value of the work done by the plaintiff for the defendants in 1964 at Ohafia, Umuahia at the request of the defendants.
2. 5,641 being general damages being approximately 10 per cent profit of the value of a contract made and to be performed at Ohafia between the plaintiff and defendants in an agreement dated 23rd March, 1964 which the defendants have refused or neglected to perform.”

The defendants in their statement of defence averred in paragraph 13 thus:-

“The defendants deny that the plaintiff is entitled as claimed at paragraph 18 of the statement of claim and aver that what the plaintiff is entitled to receive is 100.13s.0d only.”

The facts, which the learned trial judge found proved, were that the plaintiff and defendants entered into an agreement for the erection of two standard hospital blocks, two standard maternity blocks, one standard out patient block, one standard kitchen, laundry room, drying shed, staff room and incinerator, one standard operation theatre block, one standard mortuary block, one standard covered way, two nursing sisters quarters and quarters for 12 nurses; that the plans of the buildings were handed over by 1st defendant to the plaintiff; that it was then agreed between the parties that the contract price was to be 56,415.8s.6d. A written contract was executed between the plaintiff and defendants and this was tendered in evidence; that a written undertaking was also given by the defendants to the African Continental Bank Ltd., Umuahia that the defendants will pay to the Bank directly all monies due to the plaintiff for the buildings as and when they fell due, so that the Bank would extend overdraft facilities to the plaintiff.

The plaintiff later commenced work at the site in March, 1964. Initially he cleared the site of tree stumps and erected the following:-

(a) Access Road

(b) Water patchment

(c) Temporary store.

In addition to these plaintiff moved his building equipments to the site. He employed staff, about 45 in number, and paid for their accommodation.

Under exhibit A the plaintiff was to be paid of the contract price as an advance before the commencement of the work. He however started the work using his own money, and made frequent requests for the advance but instead he was only paid 707.19s.3d. In the meantime the plaintiff had already obtained an overdraft of 1,500 from the Bank. On 11th July, 1964 the plaintiff wrote exhibit H to the 2nd defendant, who was chairman of the Building Committee, complaining that he had not been paid in accordance with the contract agreement, exhibit A.

Exhibit H reads:-