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CONTRACT, AGENCY, SALE OF GOODS LAW CASES [POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR]

Contract    -    Agency    -   Commercial Transactions & Sale of Goods   -   Miscellaneous Commercial Law Matters


Comprehensive A-Z PDF Copy of the Index below complete with "Citations" and "Main Issues" either singly or as a compendium of other CATEGORIES  - are available for a fee. Just fil this FORM HERE or email lawnigeria@gmail.com & treentrees@gmail.com or info@lawnigeria.com

TITLE

MAIN ISSUES

A. AMEH A. AKPA DIGA V. ADAM TONY

CONTRACT:- Breach of contractual agreement – How treated 

 

 

 

 

A. I. C. LIMITED V. NIGERIAN NATIONAL PETROLEUM CORPORATION

CONTRACT:- Illegality of contract - Where relied on as defence - When necessary to plead and when unnecessary - Attitude of court thereto

A.C.B. LTD V. KOTUN

CONTRACT:- Contract of overdraft  - Claim to recover – How treated

A.C.B. LTD V. EWARAMI

CONTRACT: Contract of employment – Breach of – Claim for damages for wrongful dismissal – Power of employer to hire and fire – When can be reviewed by court – Effect 

A.C.B. LTD V. YESUFU

COMMERCIAL TRANSACTIONS:- Banking - Claim for sum of money outstanding in current account as a debt - Claim for interest from the date of the writ until judgment or payment – How treated

A.C.B. LTD. V. BABAYEMI (HC)

 

A.C.B. V. EAGLE SUPER PACK (NIG) LTD

COMMERCIAL TRANSACTIONS:– Import and export - Distinction between custom and usage

A.C.B  PLC V. EMOSTRADE LTD

AGENCY:- Banker-customer relations – Disclosed agent of an account holder – Nature of agency created – Implications for existence of privity of contract between bank and disclosed principal

ABALOGU V. SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED

CONTRACT:– Employment contract – Distinction between termination clause and dismissal clause - Written contract of employment – Effect of termination clause

ABAYOMI OLALEKAN V. THE STATE

CONTRACT: – Intention of parties and terms of a written contract – How discovered – Consideration - Party benefiting financially from a contract – Whether can refuse to give consideration to the other party by passing title of the property to the latter

ABDALLAH V. ACHOU

CONTRACT:- Master and Servant - Action to recover salary earned – Whether cannot be brought as damages for breach of contract

ABDU USMAN MAIDARA V. SHEHU HALILU

CONTRACT:– Islamic Law of Contract - sharikat al–madharaba and muravalat – How proved

ABDULLAHI BAlDO V. SIKIRU USMAN

CONTRACT:- Consideration - Where consideration for contract fails - Remedy available to a party who has paid money in pursuance of - Breach of contract - Party contending that contract has been breached - Onus on to establish existence of the contract and that he gave consideration therefor

ABGAIL FOLASHADE V. ALHAJI A.A.O. DUROSHOLA

AGENCY:- Ratification – Delay – Effect

 

ABIODUN V. VASAD N.V

SALE OF GOODS:- Delivery of goods – Proof of - Duplicate copy of invoice - Whether positive proof

ABUSOMWAN V. MERCANTILE BANK OF NIG. LTD.

CONTRACTS:- Tortious liability for breach of contract – Current application – Implication for award of damages

ACHONU V. NAT. EMPLOYMENT MUTUAL INS. CO. (NIG) LTD.

CONTRACT:- Comprehensive insurance on motor vehicle - Plaintiff accepting lesser sum than envisaged under contract of insurance as full and final settlement - Action brought thereafter – Defence of waiver of rights – How treated

ADAMO GBOLADE ADEKO  V. IJEBU-ODE DISTRICT COUNCIL

 

ADEBAJE V. CONDE

AGENCY:- Relationship between principal and agent – Conduct of agent – Whether must be fraudulent to entitle principal to call for accounts of agency

ADEBAJE V. CONDE

CONTRACT:- Auctioneer– Reserve price fixed by vendor– Sale by auctioneer below reserve price - Whether purchaser can enforce contract against vendor.

ADEBAYO V. JOHNSON

 

ADEBISI JACOB OLAWEPO V. SECURITIES AND EXCHANGE COMMISSION

 

ADECENTRO (NIGERIA) LIMITED V. COUNCIL OF OBAFEMI AWOLOWO UNIVERSITY

CONTRACT:- Building contract - Inordinate delay – Contractor guilty of inordinate delay - Duty of court thereto

CONTRACT:- Termination of contract - Abandoned contract – Meaning and effect of - Whether notice required to terminate same.

CONTRACT:- Terms of contract - Where written - Oral evidence to vary same - Whether admissible - When admissible - Section 132(1)(c) & (d), Evidence Act

CONTRACT:- Where time is of the essence - Need to state it as fundamental term in contract agreement – Rationale – Effect of failure thereto

ADEKEYE AND ORS. V. AKIN-OLUGBADE

 

ADEKOYA V. FEDERAL HOUSING  AUTHORITY (CA)

CONTRACT:- Enforcement of  -Claim for specific performance – How treated

ADELEKAN  V. ECU-LINE NV

CONTRACT: Contract for carriage of goods by sea – Two different contracts for two different items – Failure to deliver bill of laden listing both items – Delivery of only one of 2 times – offer of compensation in lieu of undelivered item – When deemed inadequate – Action to recover – Relevant considerations

ADENIRAN  V. OLAGUNJU

CONTRACT:– Essential requirements for validity - Contract of sale of land – Need to be in writing – What the document must contain – Whether the law prescribes a special form for the document

CONTRACT:– Doctrine of Part Performance – Basis – When applicable  – Conditions that must be satisfied before court will utilize the doctrine of part performance to enforce contract of sale of land without a note or memorandum in support of the agreement

CONTRACT – Specific Performance - Contract of sale of land – When the court will order specific performance of same – Need for plaintiff to discharge his obligations under the contract

ADENIYI  V. GOV. COUNCIL, YABA COLLEGE OF TECHNOLOGY

CONTRACTS:- Contracts of employment with statutory flavour – Character of – When deemed wrongfully terminated

ADEPATE V. BABATUNDE & ANOR.

CONTRACT:- Conveyacing – Section 19 of Auctioneers Law – requirement of seven days notice before sale by auction thereunder – whether can be waived by parties in their contract.

ADESANYA V. HOEGH

BUSINESS TRANSACTIONS - BILL OF LADING:– How used - Whether appellant consignee or endorsee under S.1 of Bills of Lading Act 1855

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ADESANYA V.  OTUEWU

CONTRACT:- Illegality of a contract - Illegality not shown ex facie or from the pleaded facts -Whether court entitled to take notice thereof – Whether party pleading illegality need to plead facts to ground same

CONTRACT:- Void contract - Elements of- Illegal contracts - Whether contract can be illegal or void in toto - When principle of severance applicable

ADESANYA V. HOEGH AND CO. AS

 

ADESINA  V. KOLA

CONTRACT:- Action for money had and received - Nature of - When action lies therefor

ADETORO V. ARBUCKLE SMITH AND CO LTD

AGENCY:- Powers of agent - Accountability of

ADETOUN OLADEJI (NIG) LTD V. NIGERIAN BREWERIES PLC.

CONTRACT:- Agreement of parties - How construed - Duty on court to give effect thereto 

CONTRACT:- Breach of contract –Award of Damages therefor – Rule in Hadley v. Baxendale (1854) 9 EX 341 - Principle of remoteness –Applicability in Nigeria.

ADIMORA V. AJUFO

CONTRACT:- Agreement to sell land - Payment of purchase price by purchaser – Failure by vendor to convey – Proper order for court to make – When damages in lieu of specific performance will suffice

ADO IBRAHIM & COMPANY LTD V. BENDEL CEMENT COMPANY LTD

 

ADOSCO NIGERIA LTD. & ANOR V. CHILEWA INVESTMENT LTD.

CONTRACT: Claim for recovery of outstanding balance owed pursuant to a contract for hire and use of machinery – How treated

AFOLABI V. POLYMERA INDUSTRIES NIG LTD

CONTRACT:- Offer – When deemed accepted - Essentials - Onus of proof

AFORKA V. AFRICA CONTINENTAL BANK NIG. LTD

CONTRACT:- Contract for bank over-draft services – Right of bank to charge interest on same – Basis of – Whether implied contract

AFRICAN  CONTINENTAL BANK LTD. V. IHEKWOABA

CONTRACT:- Enforcement of contract of mortgage – Relevant considerations

AFRICAN  INTERNATIONAL BANK LTD. V. LEE AND TEE INDUSTRIES LTD.

CONTRACT:- Contract of mortgage – How enforced

AFRICAN  PETROLEUM LTD. V. J. K. OWODUNNI

 

AFRICAN CONT. SEAWAYS LTD V. NIG. DREDGING RD. AND GEN. WRKS. LTD

CONTRACT:- Existence of - Enforcement of via specific performance – When proper

AGENCY: Agent of undisclosed principal – Implication for privity of contract with third parties

AFRICAN CONTINENTAL BANK LTD VS. NWADIOGBU

 

AFRICAN CONTINENTAL BANK LIMITED V.  AWOGBORO

MORTGAGE:- Contract of mortgage – Default thereto - Sale of mortgaged property -Right to a notice of sale - When deemed waived

AFRICAN PRODUCE SALES CO. LTD V. AYO

 

AFROTEC TECHNICAL SERVICES [NIG] LTD  V. MIA AND SONS LIMITED

 

A-G. FEDERATION V. ALKALI

 

AGBAJE V. JAMES

CONTRACT - AGENCY: - Tenancy agreement - Tenancy held by wife – Agency - Whether can be given up through the agency of wife’s husband without her consent or ratification – Privity of contract - Whether tenancy agreement executed by wife over her shop can be reviewed by husband with Landlord without her consent or ratification

AGONSI V. WOGU

COMMERCIAL LAW - CONTRACT- Valid agreement in existence - Failure of attempt to renegotiate - Whether contract rescinded.

AGWUNEDU  V. ONWUMERE

CONTRACT - Estate contracts - Where not registered under Land Instruments Registration Law - When will be admissible in evidence.

 

AHMED ALI KAHTAN V. MUZAKH ENGINEERING CO. LTD

COMMERCIAL LAW – CONTRACT:- Claim for specific performances and specific/general damages – When granted – Appeal arising therefrom – How treated

AIR VIA LIMITED  V. ORIENTAL AIRLINES LIMITED

CONTRACT:- Debt - Allegation of debt - Methods of answering thereto.

CONTRACT:- Debt - Payment of part of alleged debt – Whether ipso facto proof of indebtedness of sum outstanding.

CONTRACT: - Recovery of debt - Action therefor - Methods of answering thereto

AIROE CONSTRUCTION & CIVIL ENGINEERING CO. LTD. V. THE UNIVERSITY OF BENIN

CONTRACT:- Claim for general and special damages for breach of building contract - Contract in stages - Money for completion of stage due - Failure to pay debt due.

 

AJAYI V. R. T. BRISCOE (NIG.) LTD.

COMMERCIAL LAW – CONTRACT:- Consideration - Failure of - Consequence.

CONTRACT:- Hire-Purchase - Hirer put in possession of vehicle which later developed some trouble - Owner agreeing to withholding of instalments due for the period vehicle off the road - Whether waiver of accrued rights.

AJAYI-OBE V. THE EXECUTIVE SECRETARY, FAMILY PLANNING COUNCIL OF NIGERIA

CONTRACT:- Injunction to restrain Secretary from breach of contract - Offer of job - Letter not written by Secretary - Secretary being told by Chairman via a letter of instruction to do so - Not a contract between plaintiff and the Secretary.

AJIBIKE V. AMAO

COMMERCIAL LAW – CONTRACT:- Written agreement- Construction of

COMMERCIAL LAW – CONTRACT:- Written agreement headed “Hire-Purchase” - Whether sale or hire purchase.

AJIBOWO AND CO. LTD V. WESTERN TEXTILE MILLS LTD

Commercial Law - Patents and design - Registration of design - Whether design new at time of registration - Whether null and void.

AJUFO V. AJARBOR AND OTHERS.

CONTRACT:- Liability of master for servants acts - Contracts - Contract of indemnity - When obligation arises

 

AKANDE V. GEN. ELECT. CO. AND OTHERS

CONTRACT:- Application for enforcement of international sales agreement  -  Representation Agreement covering transportation market  - Claim for recovery of commission due and payable – How treated

AKIN ADEJUMO  V. AYANTEGBE

CONTRACT:- Whether a stranger to a Deed can set it aside - Who is a stranger to a Deed

 

AKIBIYA V. SAMBO

COMMERCIAL LAW – CONTRACT:- Whether a stranger to a Deed can set it aside - Who is a stranger to a Deed

 

AKINBOWALE V. ARENAN

COMMERCIAL LAW – AGENCY:- Commission agent - Entitlement to commission - Terms of con­tract - Whether performed.

AKINFOSILE V. MOBIL OIL (NIG.) LTD

AGENCY:- Rights of agent - Rights against principal - Wrongful termination of agency - Remuneration - Agent wrongfully prevented from earning remuneration - Damages for wrongful termination of agency limited to amount agent would have earned during agreed period of notice of termination

AKINSANYA V. UNITED BANK FOR AFRICA LTD

CONTRACT:– Exclusion clauses – Rule applicable to the enforcement of exclusion of clauses as stated by the House of Lords in Photo Productions Ltd. v. Securicor Transport Ltd. (1980) AC 827

AKINTOLA AND ANOR.  V. SOLANO

CONTRACT:- Sale transactions – When reduced into writing – Whether no oral evidence would be admitted in proof thereof – When contract is a conveyance – Effect of non-registration

AKUNWATA JOE OGUEJIOFOR ANYAEGBUNAM V. PASTOR OKWUDILI OSAKA

COMMERCIAL LAW – CONTRACT:– Terms of a written agreement – How construed

 

AKWA RUBBER ESTATES LIMITED V.  IJU INDUSTRIES LIMITED

SALE OF GOODS:- Non-delivery of goods - Right of buyer to maintain action against seller - Section 51(1) Sale of Goods Act, 1893

SALE OF GOODS:- Non-delivery of goods by seller - Measure of damages therefor - Relevant considerations - Section 51 (2) AND (3) of Sale of Goods Act, 1893.

ALBERT OLUWOLE OBIKOYA V. WEMA BANK LIMITED

CONTRACT:- Interpretation of agreements - Principles guiding the court.

ALERUCHI ETCHESON NSIRIM V. ONUMA CONSTRUCTION COMPANY (NIGERIA LTD.)

AGENCY:– Relationship between principal and agent – Conduct of agent – Whether must be fraudulent to entitle principal to call for accounts of agency.

  V. MODERN INJECTION MOULDS LTD

CONTRACT:- Sale of goods - Recovery of liquidated sum for goods sold and delivered 

ALFOTRIN LIMITED  V. THE ATTORNEY-GENERAL OF THE FEDERATION

CONTRACT:- Sale of goods - Recovery of liquidated sum for goods sold and delivered 

ALFRED MCALPINE CONSTRUCTION LTD  V. PANATOWN LTD

CONTRACT – BUILDING:- Damages -Building contract between builder and employer for benefit of third party - Contract enforceable by third party under duty of care deed - Defects and delays resulting in loss to third party –Whether employer not entitled to substantial damages for breach of contract

ALFRED USIOBAIFO V. CHRISTOPHER USIOBAIFO

CONTRACT: Void and voidable contract – distinctions thereto - Where a sale is void – whether it has to be so declared if asked to be set aside - Where it is voidable - whether an invitation to set it aside will depend upon the facts and circumstances of the case

ALHAJA SAFURATU AWELE V. MONSOUR HABIB

CONTRACT: - Frustration of - Doctrine of frustration of contract due to supervening impossibility of performance - Whether applicable to lease agreement

ALHAJI ABDULLAHI DAIDO AND MADUNKA INTERNATIONAL LTD V. ALHAJI SIKIRU USMAN

CONTRACT:– Breach of contract – How a plaintiff can succeed in an action for same

CONTRACT:– Enforcement of contract – Party who has not given consideration for a contract – Whether can enforce same

ALHAJI AMINU JUBRILLAH ABDULLAHI & ORS V. MRS. CHRISTIANA IYABO ADETUTU

CONTRACT:- Damages - Special damages – Meaning – Whether special damages denote pecuniary losses which usually crystallize in terms of cash and values before trial - What claimant must do to succeed in a claim for special damages

ALHAJI BANMIDELE LAWAL AND UNINO BANK OF NIGERIA

CONTRACT:- Counter-offer or qualified acceptance - Does not give rise to a binding agreement

 

ALHAJI LATIFU AJUWON & ORS. V. MADAM ALIMOTU ADEOTI & ORS.

AGENCY - POWER OF ATTRONEY:- Apparent misnomer in the drafting of power of attorney – Where its terms does not represent order granted by the court which formed its foundation – Whether incurably fatal

ALHAJI MUSTAPHA IMAM V. AHMADU BELLO UNIVERSITY

AGENCY:- Agent selling goods for disclosed principal - Liability of agent - Whether agent warrants title or principal.

ALHAJI NURUDEEN OLUFUNMISE V. MRS. ABIOLA LABINJOH FALANA

COMMERCIAL LAW – CONTRACT – DECEIT:- When Court will avail a plaintiff seeking to impeach a contract on ground of deceit – What needs to be shown

ALHAJI RAZAK ADENIYI AYILARA V. FEDERAL MINISTRY OF WORKS

CONTRACT - PRIVITY OF CONTRACT: General rule on the doctrine of privity of contract – Whether the fact that a person, who is a stranger to the consideration of the contract, stands in such a near relationship to the party from whom the consideration proceeds that he may be considered a party to the consideration, does not entitle him to sue or be sued upon the contract

ALLEN AND OTHERS V. JAMBO HOLDINGS

COMMERCIAL LITIGATION:- Mareva Injnctions- Issuance of - Whether there is no difference in principle between commercial actions and actions for personal injuries or other causes of action in regard to the issue of Mareva injunction - Whether the issue of Mareva injunction is to be determined solely by a plaintiff's financial standing -  How treated

ALLIED MARINE TRANSPORT LTD V. VALE DO RIO DOCE NAVEGACAO SA

CONTRACT:- Implied contract – Abandonment of notice of arbitration relating to breach of contract for five and half years - Whether silence and inactivity amount to offer to give up reference to arbitration – Whether silence and inactivity amounting to offer to give up claim – Consideration for such offer – Accord and satisfaction – How treated

ALLIED BANK OF (NIG) LTD V. AKUBUEZE(CA)

COMMERCIAL LAW - Banking - Consolidation of customer’s account - Where customer has separate accounts in same bank - Right of banker to consolidate same - Whether extant - When it arises - When it does not - Relevant considerations.

COMMERCIAL LAW - Cheque - Cheque issued by customer - Obligation on banker to honour same - Where banker refuses its obligation - Effect.

ALPHONSUS IDEH V. UNIVERSITY OF ILORIN

CONTRACT:- Contract of employment - Employment by statutory body – How treated

 

ALRAINE (NIG) LTD V. ESHIETT

CONTRACT:- Master and Servant - Unlawful termination of employment - Contract - Isolated act of negligence - Whether sufficient to justify dismissal of a servant - Measure of damages – How determined

ALUMINIUM INDUSTRIE VAASSEN B.V. V. ROMALPA ALUMINIUM LTD

 

ALUMINIUM INDUSTRIES AKTIEN GESELLSCHAFT V. FEDERAL BOARD OF INLAND REVENUE

COMPANIES & CORPORATE LAW:- Companies - Corporate identity of - Place of resident of companies - Foreign companies - Chooses in action - Contract debt Where enforceable - Contractual stipulations

AMASIKE V. CAC

 

AMINU A.U. SANYINNA V. AFRICAN INTERNATIONAL BANK

CONTRACT:– Legal mortgage – Deed executed by only one party

AMOCO AUSTRALIA PTY LTD V. ROCCA BROS MOTOR ENGINEERING CO PTY LTD

TRANSACTIONS:- Trade – Restraint of trade – Agreement – Election – Lease containing covenant in restraint of trade – Covenant by Lessee – Election between observing covenant and surrendering lease – Whether lessee should be put to election.

AMON V. RAPHAEL TUCK AND SONS LTD

CONTRACT - ROYALTY AND COMMISSION:- Mere fact that a man is entitled to a royalty or commission on the sale of an article – Whether implies existence of a contract -  Whether not enough to enable him to say that he is legally affected by an order forbidding its manufacture – Whether in such circumstances, he has only a commercial interest, not a legal one, in the continued manufacture of the article- Whether promise of a minimum royalty implies an obligation to produce the article

AMUSAN V. BENTWORTH FINANCE (NIG.) LTD

CONTRACT:- Hire-purchase — Terms - Fundamental (implied) term – Effect of representations Defective goods taken as such – Dealers relationship with owners – Termination of agreement – How treated

ANAEZE V. ANYASO

CONTRACT:- Breach of contract - Remedies open to aggrieved party - Specific performance of a contract - When it will be ordered - Relevant considerations

CONTRACT - Breach of contract for sale of land - Remedy open to aggrieved pant – Whether includes specific performance of contract

ANAMBRA STATE HOUSING DEVELOPMENT CORPORATION V. EMEKWU

CONTRACT:- Contract between statutory corporation building houses for sales and its buyers - Nature of - Whether bears semblance of mortgage

CONTRACT:- Effective date of contract - Effective date of deed - Distinction between.

CONTRACT:- Specific performance - Claim for - Delay on the part of the party claiming - Effect.

ANGLIA TELEVISION LTD Vs. REED

CONTRACT:– Breach – Damages – Measure – Expenditure incurred before contract made – Expenditure recoverable if within contemplation of parties as likely to be wasted if contract broken – Television company incurring expenditure in respect of proposed film – Expenditure on fees to director, designer and stage managers, before contract made with leading actor – Leading actor subsequently repudiating contract – Television company entitled to recover pre-contract expenditure – Necessity to elect between claiming for wasted expenditure and loss of profits.

ANON LODGE HOTELS LTD.; OBOT. V. MERCANTILE BANK OF NIGERIA LTD

CONTRACT:- Proper venue to institute action for breach of contract

CONTRACT:- Offer and acceptance - Nature of

 

ANTAIOS CIA NAVIERA SA V. SALEN REDERIERNA AB

CONTRACT:- Breach of – Waiver – Conduct amounting to waiver

ANTON PILLER KG V. MANUFACTURING PROCESSES LTD. AND OTHERS

AGENCY RELATIONS:- Duty of agents towards security of proprietary assets and confidential information of principal obtained in the course of the agency – Evidence that agent is engaged in seeking to copy the principal’s components for its own financial profit to the great detriment of the plaintiffs and in breach of their' rights – Whether proper ground to issue Anton Piller Order ex parte

ANYAKWO V. A.C.B. LTD

CONTRACT:-  Special and General Damages for breach of contract –Need for proof of special damages - Witness for plaintiff knowing very little about case – How treated

AOUAD V. KESSRAWANI

COMMERCIAL LAW – CONTRACT:- Intention of the parties - How construed - Terms used in contract - Construction of.

APAMPA V. ABEOKUTA GOLF INTERNATIONAL LIMITED

 

APENE V. BARCLAYS BANK OF NIGERIA AND ANOTHER

 

ARAB BANK NIGERIA LIMITED V. DANTATA

CONTRACT:- Joint Guarantee - Four signatories – Where one of them not signatory – Whether bears no liability independent of the other guarantors except jointly and severally.

ARBICO LIMITED V. F.B.I.R

 

ARJAY LIMITED V. AIRLINE MANAGEMENT SUPPORT

CONTRACT:– Rule that parties are bound by the provisions of their contract or agreement.

 

ARMELS TRANSPORT LTD V. TRANSCO LTD

COMMERCIAL LAW:- Contract - Claim for damages arising out of breach of contract -  Special damages under various heads and general damages awarded - Award set aside Double compensation

ARTRA INDUSTRIES NIGERIA LIMITED V. THE NIGERIAN BANK FOR COMMERCE AND INDUSTRY

CONTRACT:-  Breach of contract- Damages for loss of profit - On what claim therefor based - Projection in a feasibility report without more - Weight attachable thereto.

CONTRACT:-Terms of a contract - Construction of - Duty on court

CONTRACT:- Terms of a contract - Where freely entered into - Bindingness on parties thereto.

ASHAYE V. AKERELE

CONTRACT: - Parole/unwritten contract – How proved – Contract for sale of land – Where agreement as to price is disputed – When court would not find mistake

CONTRACT:- Sale Of Land - Where vendor was lacking in good title on the date of agreement – Whether rectified by securing good title subsequently – Whether buyer is entitled to rescission of contract for sale of land where vendor had no good title – Whether plaintiff has a duty to investigate title beforehand – Duty of vendor to disclose defects in title

ASHIBUOGWU V. A-G. BENDEL STATE AND ANOTHER

CONTRACT - Offer and Acceptance - Subsequent Conduct on.

AGENCY:- Existence of principal/agent relationship – How proved – Effect

ASTRO EXITO NAVEGACION SA V. SOUTHLAND ENTERPRISE CO LTD AND ANOTHER

CONTRACT:– Contract for sale of vessel financed by way of Letter of Credit providing for properly signed Notice of readiness – Where Buyer refuse to countersign notice of readiness – Power of Court to secure Bank payment by way of order of specific performance – Whether Court can order buyer to sign Notice of Readiness by certain date failing which notice to be signed by Court Master –Whether notice of readiness executed by Master binding on parties other than buyer and seller and bank obliged to accept notice – Supreme Court of Judicature (Consolidation) Act 1925, s47.

ASWAN ENGINEERING ESTABLISHMENT CO V. LUPDINE LTD AND ANOTHER

SALE OF GOODS:- Implied condition as to merchantable quality - Suitability for purpose - Purpose for which goods might reasonably be expected to be used - Whether goods required to be suitable for every purpose for which they were normally bought - Sale of Goods Act 1979, s 14(6).

ATAGUBA AND COMPANY V. GURA NIGERIA LIMITED

AGENCY:- Agent - When liable for contract made within the scope of his authority for his principal - What determines.

AGENCY:- Agent of a disclosed principal - Whether can be sued in his own name - Relevant consideration.

ATTORNEY GENERAL OF LAGOS STATE  V. EKO HOTELS LIMITED

 

AUTO IMPORT EXPORT V. ADEBAYO

 

AWOPEJU V. FAMAKINWA

CONTRACT OF EMPLOYMENT:- How properly discovered - Intention of parties - Duty of court to give effect to same

AWOSILE V. SOTUNBO

CONTRACT:– Contract document - Lack of knowledge of content thereof - Whether sufficient proof of plea of non est factum.

CONTRACT:- Execution of contract - Contract executed with full knowledge of nature of – Whether plea of non est factum could invalidate same.

CONTRACT - Non est factum - Plea of - Effect.

AYANKOYA  V. OLUKOYA

AGENCY:- Ostensible authority - Liability of principal for act or omission of agent conferred with ostensible authority

CONTRACT:- Agency - Ostensible authority - Liability of principal for act or omission of agent conferred with ostensible authority.

CONTRACT:- Vicarious liability – Whether doctrine there of applicable to contract

AYOKE  V. BELLO

CONTRACT - CREDIT SALES:- Applicable Statute to credit sales in contradistinction from ordinary sales of good

CONTRACT – HIRED PURCHASE AGREEMENT:- What constitutes hired purchase transaction - Rule in section 2(2) (a) of the Hire‑purchase Act that a witness to the agreement must not make or sign a note or memorandum of the agreement - Rule that agreement is void if some persons other than the hirer or buyer is to enter into the agreement on the buyer’s behalf Where agreement is declared void for non-compliance with statute – Effect – Whether renders void any seizure of goods transferred pursuant to the agreement – Proper order for court to make

B.E.E.O. INDUSTRIES (NIG) LTD V. MADUAKOH

CONTRACT:- Breach of - Special and general damages - Oral variation of contract - Refusal to collect goods, under contract, and pay for such – When amounts to breach of contract.

B.G.C.C. V. SPETSAI (NO.2)

CONTRACT:- Accord and satisfaction – How determined – Whether a question of fact - Part performance - Effect

CONTRACT:- Consideration - Payment of lesser sum than is due – Whether not a consideration for a forbearance to sue for a larger sum

CONTRACT:- Construction of - Intention of parties - How ascertained

BABATUNDE ADENUGA V.  J. K. ODUMERU (2)

 

BABATUNDE AJAYI V. TEXACO NIGERIA LIMITED and ORS

CONTRACT:- Anticipatory breach - Whether relief can be claimed

CONTRACT:- Master and Servant -Determination of contract of service - When wrongful - Whether motive and malice relevant

 

BAINES V. TWEDDLE

CONTRACT:- Sale of Land - Rescission of – Whether inability of vendor to comply with a condition of the sale is ground for rescission - Mortgaged property sold free of incumbrances – Where purchaser made no inquiry before contract whether mortgagees of property would join in conveyance - Refusal of mortgagees to join in conveyance - Whether vendor lost right to rescind by reason of recklessness in signing contract - Law Society's Conditions of Sale (1953), cl 10(1).

BAIRD TEXTILE HOLDINGS LIMITED V. MARKS and SPENCER plc

 

BAKADO LINE LTD (IN THE MATTER OF)

 

BAKARE V. JENMI

CONTRACT:- Affirmation of contract by conduct - Conduct amounting to same – Relevant considerations

CONTRACT:- Breach of contract - Effect of- Conduct amounting to waiver of

COMMERCIAL LAW – CONTRACT:- Breach of contract - Waiver of breach by innocent party - Ef­fect of.

BAKARE V. COKER

CONTRACT:- Intention of parties – How determined - Giving and taking of a promissory note regarding a debt and further stamping of the note – Whether very strong evidence that the parties intended their transaction to be governed exclusively by English law – Whether disentitles creditor from claiming the benefit of any local law or custom at variance with English law - Effect

BAKARE V. L. S. C. S. C

CONTRACT:- Master and servant - Dismissal of employee - When it is deemed to take effect.

 

BAKER MARINE NIGERIA LIMITED V. CHEVRON NIGERIA LIMITED

Contract:- Interpretation of contracts - Rules of Interpretation - Whether a Court or Tribunal may make contracts for the parties.

Contract:- Breach of contract - Need for Appellant to prove that he suffered as a result of the breach.

BALOGUN V. OBISANYA

COMMERCIAL LAW – CONTRACT:- Defective deed -Effect on purchaser for value without notice

COMMERCIAL LAW – CONTRACT:- Unenforceable contract - Whether void

BALOGUN V. NATIONAL BANK OF NIGERIA LTD.

CONTRACT:– Action for Damages for breach of contract arising from dishonoured bank instrument – Applicable Rules – Damages at large – What claimant must prove - Whether presumption of damages without proof of actual damages is not restricted to ‘traders’ but extends to ‘persons in trade’ – Whether a Solicitor in business qualifies as a person in trade

AGENCY:- Relationship between banker and customer – Whether that of principal and agent– Legal import of bank’s refusal to honour check

BAMFORD AND ANOTHER V. BAMFORD AND OTHERS

 

BAMGBALA V. DEPUTY. SHERRIFF.LAGOS C.F.A.O.

 

BAMGBOYE V. UNIVERSITY OF ILORIN

AGENCY: - “Agent’ and “delegatee’ - Meanings and relationship between

AGENCY:- Company Director - Whether agent of company

AGENCY:- Competence to do an act - Power to do same through an agent - Exceptions thereto

AGENCY:- Creation of agency - Different modes thereof

AGENCY:- Performance of principal’s duties by agent - Power of principal to control agent

AGENCY:- Servant or independent contractor - When an agent of the principal

BANDAR PROPERTY HOLDINGS LTD. V. J. S. DARWEN (SUCCESSORS) LTD.

 

BANK OF AMERICA V. NIGERIAN TRAVEL AGENCIES LTD.

COMMERCIAL LAW - Bills of Exchange - Persons authorised to sign cheques jointly for company - One signatory procured by other to sign cheques after other’s authority withdrawn - Whether cheque a forgery - Rights of holders in due course defeated by forgery - Criminal Code Section 464(6) and 465 - Bills of Exchange Act, section 24.

BANK OF THE NORTH LTD. V. MEMUDU ADIGUN ONIYO

CONTRACT:– "Contract" – Effect of breach of same – Meaning of

 

BANK OF WEST AFRICA LTD V. BALOGUN

 

BANKOLE AND ANOR V. WILLIAMS

 

BARAU V. M C BRETT AND SONS NIG LTD

 

BARCLAYS BANK LTD V. C.B.N.

 

BARCLAYS BANK D.C.O. V. MEMUNATU HASSAN

CONTRACT – ILLEGALITY:- Memorandum of deposit - Where prepared by bank agent on behalf of the illiterate depositor – Whether fact of illiteracy where pleaded would render document unenforceable against depositor but not void

BARCLAYS BANK INTERNATIONAL LTD V. LEVIN BROS (BRADFORD) LTD

CONTRACT:- Enforcement of – Jurisdiction of court to order payment of sum expressed in foreign currency under a contract – How treated

BARCLAYS BANK LTD V. W J SIMMS SON AND COOKE (SOUTHERN) LTD AND ANOTHER

CONTRACT:- Mistake – Mistake of fact – Money paid under mistake of fact – Recovery – Relevant considerations

BARCLAYS BANK OF NIG. LTD. V. ABUBAKAR

CONTRACT:- Bank Overdraft - Interest chargeable custom of Bankers - Express agreement on interest - Universal custom of Bankers.

BEKEDEREMO V. COLGATE-PALMOLIVE (NIG.) LTD.

CONTRACT:- Contract of Sale - Breach of condition - Repudiation of contract - what it constitutes - Plaintiffs indebtedness to defendant company - Rights of plaintiff on breach of contract

BEKS KIMSE NIGERIA LIMITED V. MR. EBIOTU AFRICA & ANOR

AGENCY: Disclosed and undisclosed principal – liability of a principal for the tortious or contractual wrong of an agent – relevant principles thereof

BELMONT FINANCE CORPORATION V. WILLIAMS FURNITURE LTD AND OTHERS

COMMERCIAL TRANSACTIONS:- Bona fide and transactions – Illegality - Arms length transaction - Parties agreeing sale and purchase of company – Purchase financed by selling inflated asset to company and using money so obtained to buy company – Seller of company obtaining services of property expert in return – Transaction fair and bona fide as regards buyer and seller – Whether company’s shares is deemed purchased with financial assistance from company – Whether transaction illegal

BELVOIR FINANCE CO LTD V. STAPLETON

SALE OF GOODS:– Title – Sale of car by dealer to finance company under illegal contract – Car let out by finance company to hirer under illegal hire-purchase agreement – Car delivered by dealer straight to hirer – Car sold to third party by hirer’s salesman – Whether hirer’s salesman liable in conversion.

BENDEL FEED AND FLOUR MILLS LTD V. SEABOARD SALES CORPORATION

CONTRACT:– Entirety of a contract – Binding effect of same on parties thereto

CONTRACT:– International contracts – Need to ensure that Nigerian Companies perform their obligations thereunder – Duty of courts thereto

BENJAMIN LEONARD MACFOY V. UNITED AFRICA COMPANY LTD

COMMERCIAL/BUSINESS LAW – CONTRACT OF SUPPLY: How enforced

BENTWORTH FINANCE (NIG) LTD V. GWAMBE

 

BENUE STATE COMMISSIONER FOR WORKS V. DEVCON DEVELOPMENT CONSULTANTS LIMITED

CONTRACT:- Repudiation as breach of contract - Repudiation by implication – How determined - Action in restraint of breach of contract - Competence of - Right to breach contract – Whether a legal right - Proper remedy of an injured party

BEREDUGO  V. COLLEGE OF SCIENCE AND TECH

CONTRACT:- Contract of employment - Termination of appointment - Need to follow rules of natural justice.

BERNARD OJEIFOR LONGE V. FIRST BANK OF NIG. PLC

 

BEST (NIGERIA) LIMITED V. BLACKWOOD HODGE (NIGERIA) LIMITED

AGENCY:- Agency relationship - How created

CONTRACT - Specific performance of a contract - When will be ordered or refused by court.

BEVAN  ASHFORD (A FIRM) V. GEOFF YEANDLE (CONTRACTORS) LTD (IN LIQUIDATION)

 

BFI GROUP CORPORATION V. BUREAU OF PUBLIC ENTERPRISES

CONTRACT:– Meaning of – Terms of – Intention o fparties to contract - Distinction from Invitation to Treat and an Offer – Consideration – Breach of Contract – Rescission of contract –

CONTRACT: Types – Complex Contract - Meaning - Where complex contract contains terms of a prospective contract - DIVISIBLE CONTRACT:- Meaning of - Whether divisible agreements admit of pro rata payments for each portion -

CONTRACT: Affirmation - Mandated affirmation of a contractual agreement – Liability of persons who subscribed to the affirmation – Whether extends to criminal offence of perjury if it turns out that falsehood occurs

CONTRACT: Bond – Whether court can query parties’ bid bond - Performance Bond – Meaning and How used - Promissory Estoppel – Meaning and when applies




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