SHELL-BP PETROLEUM DEV.CO. OF NIGERIA LTD VS HIS HIGNESS PERE COLE
August 4, 2025WEST AFRICAN SHIPPING AGENCY (NIG.) LTD & ANOR V. ALHAJI MUSA KALLA
August 4, 2025Legalpedia Citation: (1978-03) Legalpedia (SC) 11162
In the Supreme Court of Nigeria
Fri Mar 3, 1978
Suit Number: SC. 102/1976
CORAM
ALEXANDER, CHIEF JUSTICE, NIGERIA
SOWEMIMO, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
A.O. WILLIAMS
APPELLANTS
LAGOS STATE DEVELOPMENT AND PROPERTY CORPORATION
RESPONDENTS
AREA(S) OF LAW
LEASES — ASSIGNMENT
SUMMARY OF FACTS
The appellant applied for the consent of the respondent an assignment but was informed that one of the conditions of assignment was that the respondent would charge 5% of the gross proceeds of the consideration or valuation of the land. There was no such provision in the lease given to the appellant’s predecessor in title.
HELD
The court allowed the appeal.
ISSUES
whether or not the charge” of 5 per cent of the gross proceeds of the consideration or valuation of the land, the subject-matter of these proceedings was validly imposed as “outgoings”, or at all, by statute or under contract, or otherwise.
RATIONES DECIDENDI
COVENANTS THAT MUST BE CONTEMPLATED BY THE PARTIES AS BEING WITH THE PURVIEW OF THE CONTRACT
IMPLIED COVENANTS IN LEASE AGREEMENTS
<br
POWER OF HEAD-LESSOR TO IMPOSE CHARGES/OUTGOINGS BY A MERE LETTER
MEANING OF OUTGOING
CASES CITED
Henman v. Berliner (1918) 2 KB 236
Attorney-General v. Wilts United Dairies Limited 37 TLR 884
STATUTES REFERRED TO
Not Available
