AGBONMABGE BANK LTD VS C.F.A.O
September 2, 2025ADEWALE SHOLUADE VS THE REPUBLIC
September 2, 2025Legalpedia Citation: (1966-05) Legalpedia 51191 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri May 20, 1966
Suit Number: SC 586/1964
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
BAIRAMIAN JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
A.C.E. JIMONA LTD
APPELLANTS
NIGERIAN ELECTRICAL CONTRACTING CO.LTD
RESPONDENTS
AREA(S) OF LAW
LAW OF CONTRACT-PRACTICE AND PROCEDURE- GENERAL TRAVERSE
SUMMARY OF FACTS
This is an appeal by the defendants from a judgment of the High Court of Lagos (Caxton Martins Ag. J.) in which judgment was entered for the plaintiffs for £5,189-13s.-6d. with costs.
HELD
That the defendants had the opportunity to make the necessary assessment of the value of the work done and not having taken it they are bound now, due to their own inactivity, to the terms of the plaintiffs’ claims.
ISSUES
Whether the learned trial judge was wrong to hold that the contention of the defendants that there was no binding contract was inconsistent with the defence as pleaded?
RATIONES DECIDENDI
PURPOSE OF A GENERAL TRAVERSE
The General denial does no more than put the plaintiff to proof it at the trial.’ Per Lewis JSC
CASES CITED
Warner v. Sampson [1959] 1 Q.B. 297 at 310
STATUTES REFERRED TO
Not Available
