Facts:

The appellant company is a contractor firm – plaintiff in the trial court. A dispute had arisen from the contract awarded by the Nigerian Educational Research and Development Council – the 1st Respondent – to the plaintiff for the construction of the council administrative complex at Shede village, Lokoja Road, in the Federal Capital Territory, Abuja, at a contract sum of N4.9 million. It was agreed that payment was to be made instalmentally, based on the certificate of the council’s consultant architect, payment was made accordingly up till certificate No.11 issued by the consultant architect on 19th October. The council issued to the plaintiff a cheque for the sum of N97,234.79 (Ninety-seven thousand, two hundred and thirty four naira seventy nine kobo). The cheque was drawn