MBANENGEN SHANDE V. THE STATE
June 10, 2025FRANCIS OKAFOR & 10 ORS V. ATTORNEY-GENERAL, ANAMBRA STATE & 2 ORS.
June 10, 2025Legalpedia Citation: (2005) Legalpedia (SC) 21701
In the Supreme Court of Nigeria
Fri Jun 17, 2005
Suit Number: SC. 129/1999
CORAM
ALOMA MARIAM, JUSTICE, SUPREME COURT
M. BELLO
PARTIES
PAUL E. EDEM APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant failed to deliver a tractor which the respondent had paid for on the grounds that the manufacturer from whom it ordered it was yet to deliver.
HELD
The court held that there was no defence on the merit to allow the appellant defends the suit.
ISSUES
1. Whether the Court of Appeal was right in failing to consider appellant’s issues “Nos. 2,3,and 4.2. Whether the intervention and directives of the plaintiffs/respondents to WASCO International to ship the tractor to the plaintiffs/respondents at Port Harcourt did not discharge the defendant/appellant from further responsibility to deliver.
RATIONES DECIDENDI
CASES CITED
1) Bamgboye V. University of Ilorin (1991) 8 NWLR (Pt. 168) 4152) UBA Ltd V. Achora (1990) 6 NW LR (Pt. 156) 2543) Ogbuanyinya V. Okudo (No.2) [1990] 4 NWLR (Part 146) 568,4) Hick V. Raymond [1893] A.C. 22; Hulthen V. Stewart & Co. [1903] A.C. 895) Monkland V. Jack Barclay Ltd. [1951] 2 K.B 252
STATUTES REFERRED TO
None
