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SARKIS MADIS V. MICHAEL ABDALLAH

POLICY AND PRACTICE LAW REPORTS, 2PLR

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)

OTHER CITATION(S)

(1932) P.C. 35

(1932) II WACA PP. 18 – 23

LEX (1932) – P.C. 35

BEFORE THEIR LORDSHIPS:

LORD BLANESBURGH

LORD TOMLIN

SIR GEORGE LOWNDES

BETWEEN:

SARKIS MADI – Appellant

AND

MICHAEL ABDALLAH – Respondent

ORIGINATING COURT

FROM THE WEST AFRICAN COURT OF APPEAL

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 

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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JUDGMENTS BY AREAS OF PRACTICE

JUDGMENTS BY PRACTICE/PROCEDURE ISSUES

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