Facts:

The appellant, a building contractor, was the plaintiff at the High Court Ile-Ife, in Oyo State (now Osun State). The University represented by its council was the defendant and is now the respondent to this appeal. The university claims that the failure of the appellant to promptly execute the construction of a building contract led to the decision to terminate the contract despite the extended time given to it as contractor.

The plaintiff instituted an action, inter alia, for declaration that it was entitled to 67 weeks extension of time to complete the job; claims for various sums of money as amounts due on various heads of claims such as on the certificate of work done issued by the defendant’s supervising architect, damages for breach of the contract, return of plaintiff’s detained equipment at the building site, among others.