ATTORNEY-GENERAL CROSS RIVER STATE V. ATTORNEY-GENERAL OF THE FEDERATION

SUBJECT MATTER

ACTION – NATURE OF DECLARTORY ACTION

CONSTITUTION – DETERMINATION OF DERIVATIVE ENTITLEMENT

WORDS AND PHRASES – MEANING OF LITTORAL STATE

CONTRACT – MEANING OF FRUSTRATION

If a state is not a littoral state it cannot be paid derivation fund.” PER RHODES-VIVOUR, JSC

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ALH. ABUBAKAR JALLI GAMBO V JERRY IKECHUKWU & ORS

SUBJECT MATTER – CONTRACT

Undefended list –transfer of cases from undefended list to general cause list

Undefended list – matters that do not fall within the ambit of undefended list-

it is quite plain that the relief not only required proof of the alleged acts in breach of the Contract between the parties, credible evidence was also required to have proved the extent of general damages claimed by the plaintiff resulting in the trial court awarding N40,000:00 out of the N1,000,000.00 claimed by the plaintiff” MUHMUD MOHAMMED (JSC)

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ALHAJI JIMOH AJAGBE V LAYIWOLA IDOWU

SUBJECT MATTER

LAW OF CONTRACT

CREDIT SALE – Distinction between credit sales agreement and hire purchase; effect thereof

EVIDENCE-Evaluation of evidence; what they court should consider.

In a credit sale agreement for the purchase of a vehicle, the buyer, i.e the plaintiff/respondent pays a deposit, followed by installment payments. Once the agreement is entered into by the parties, ownership of the vehicle is transferred to the buyer. If the buyer defaults or is unable to meet his financial obligations to the seller, the option open to the seller is an action to recover the balance of payment owed by the buyer/purchaser.

Per Rhodes-Vivour J.S.C

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BILANTE INTERNATIONAL LTD V NIGERIA DEPOSIT INSURANCE CORPORATION

SUBJECT MATTER-  CONTRACT.

CONTRACT – ESSENTIALS OF A VALID CONTRACT.

APPEAL –EFFECT OF  FILLING  TWO NOTICES OF APPEAL .

EVIDENCE – CROSS APPEAL – STATUS OF EXHIBIT TENDERED IN A CROSS APPEAL WITHOUT ANY VIVA VOCE EVIDENCE

“the acceptance must correspond with the terms of the offer. If it purports to qualify the offer, it may amount to a counter-offer and not an acceptance. … it also destroys that offer so that it cannot subsequently be accepted”

Per J.A Fabiyi, JSC

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A.G. FERRERO& CO. LTD V HENKEL CHEMICALS (NIG.) LTD.

SUBJECT-MATTER

LAW OF CONTRACT

CONTRACT- TERMS OF CONTRACT- PARTIES MUST BE AD IDEM AND ARE BOUND BY THEM.

PRACTICE AND PROCEDURE- PRE-JUDGMENT INTEREST – WHEN CAN BE AWARDED BY THE COURT.

In the absence of any specific provision for the payment of interest in the contract agreement, the court cannot award interest

Per F.F. Tabai J.S.C.

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ATTORNEY-GENERAL RIVERS STATE V. ATTORNEY-GENERAL, AKWA-IBOM STATE AND ANOR.

SUBJECT-MATTER

 CONTRACT – Agreement voluntarily entered into; whether it can be varied

CONTRACT – Pacta Sunt Servanda; meaning of

EVIDENCE – Estoppel in pais; when parties are bound by their conduct

 “Once parties enter into an agreement voluntarily and there is nothing to show that the agreement was obtained by fraud, mistake, deception or misrepresentation the parties are to be bound by the terms freely entered into. Consequently a party no longer satisfied with the terms of the agreement cannot resile or jettison the agreement.

 Per  Bode Rhodes-Vivour JSC

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CAMEROON AIRLINES V. MR. MIKE E. OTUTUIZU

SUBJECT- MATTERS

APPEALS- REPLY BRIEF – Essence of- A reply   brief is only necessary when an issue of law or argument in the Respondent’s brief calls for a reply.

CONTRACT-Breach of Contract-Consequential effect- Once breach of contract is established, damages follow.

DAMAGES-GENERAL DAMAGES-Its importance -General damages are awarded by the trial court to assuage a loss caused by an act of the adversary. Damages are awarded to restore the plaintiff as far as money can to the position he would have been if there had been no breach.

DAMAGES-SPECIAL DAMAGES- How to obtain it -To succeed in a claim for special damages a party must plead, particularize, or itemize. It must be claimed specially and proved strictly.

INTERNATIONAL LAW- RATIFICATION- Effect of ratification of the ‘Warsaw Convention’ by a Country-All Countries that are signatories to it applies it without recourse to their respective domestic law.

PRACTICE AND PROCEDURE-It is very well-settled that concurrent findings by the trial court and the court of Appeal would not be disturbed by the Supreme Court except there has been an exceptional circumstance to disturb those findings.

PRACTICE AND PROCEDURE-PARTY- Non- Joinder of a party – Effect on Claim.

PRACTICE AND PROCEDURE-PLEADINGS – pleadings without evidence in support are worthless.

Damages are awarded to restore the plaintiff as far as money can to the position he would have been if there had been no breach.

-          Per Bode Rhodes-Vivour J.S.C.

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BEST (NIGERIA) LTD V. BLACKWOOD HODGE (NIGERIA)LTD AND 2 ORS.

SUBJECT MATTER: CONTRACT

CONTRACT- What constitutes a binding contract.

CONTRACT- Breach of- what constitutes same.

CONTRACT- Specific performance- meaning.

CONTRACT- Order of specific performance- what court must consider before ordering..

COURT- Concurrent findings of two lower courts- how treated by the Supreme Court.

COURT- Court of Appeal – failure  to consider a cross-appeal –consequence..

CONVEYANCING – Sale of an estate in land-stages involved.

It is basic that to constitute a binding contract, there must be an agreement in which the parties are ad idem on essential terms and conditions thereof.  The promise of each party must be supported by consideration

-Per  Fabiyi J.S.C.

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‘Ex’-Capt Charles Ekeagwu V. The Nigerian Army & Anor

Subject Matter:

Employment – Armed Forces – Compulsory Retirement – Whether lawful

Employment – Compulsory Retirement – Reinstatement and other remedies

Employment – Armed Forces – “Harmonised Terms and Conditions of Service for the Nigerian Armed Forces Officers” considered

Appeal: Fate of a decision of the Court of Appeal not supported by evidence before it

“ From the record therefore there is no iota of evidence that appellant was paid his retirement benefits following his compulsory retirement vide exhibit 7. The holding by the lower court that appellant was paid his retirement benefit is clearly not supported by evidence on record and I consequently hold that the said holding or finding is perverse and consequently subject to being set aside.”

- per Walter Samuel Nkanu Onnoghen, JSC

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Baliol Nigeria Ltd V. Navcon Nigeria Ltd

Subject Matter

Contract – Breach of Contract

A latter agreement by parties to an original contract to extinguish the rights and obligations that the original contract has created, is itself a binding contract, but the latter agreement, must either (a) be made under seal or (b) be supported by consideration. However, where the contract is still executory, that is enough consideration.

Therefore, a breach of such latter agreement would amount to a breach of the original contract.

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