SARKIS MADIS V. MICHAEL ABDALLAH

POLICY AND PRACTICE LAW REPORTS, 2PLR

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SARKIS MADI

V.

MICHAEL ABDALLAH

THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

DELIVERED THE 19TH FEBRUARY, 1932

PRIVY COUNCIL APPEAL No. 35 of 1931

2PLR/1932/9 (PC)

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OTHER CITATION(S)

(1932) P.C. 35

(1932) II WACA PP. 18 – 23

LEX (1932) – P.C. 35

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BEFORE THEIR LORDSHIPS:

LORD BLANESBURGH

LORD TOMLIN

SIR GEORGE LOWNDES

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BETWEEN:

SARKIS MADI – Appellant

AND

MICHAEL ABDALLAH – Respondent

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ORIGINATING COURT

FROM THE WEST AFRICAN COURT OF APPEAL

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ISSUE(S) FROM THE CAUSE(S) OF ACTION

DEBTOR AND CREDITOR LAW – JUDGMENT DEBT:- Out of court accord in satisfaction of a judgment debt – Where deemed a proper agreement with all the elements of offer and acceptance – When would act as a bar against judgment creditor from pursuing further proceedings – Relevant considerations

COMMERCIAL LAW – CONTRACT:- Essentials of a written contract capable of being accepted – Where deemed to exist – Legal implication for offeror who asserts the absence of consideration expressly indicated within the document as moving from the offeree 

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PRACTICE AND PROCEDURE ISSUE(S)

ACTION – LITIGATION:- Protracted proceedings in relation to any case – Where no explanation afforded for same – Attitude of apex court thereto

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