OGBEREJEKO OGBODU VS ERIYOTA OOGHA AND ANOTHER
August 29, 2025ANGLO-CANADIAN CEMENT LTD VS O. ALOKOLARO & CO
August 29, 2025Legalpedia Citation: (1967-05) Legalpedia 24112 (SC)
In the Supreme Court of Nigeria
LAGOS
Fri May 19, 1967
Suit Number: SC.359/1965
CORAM
BRETT JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
ALHAJI R.A. AFOLABI (TRADING AS IFELODUN BROS).
APPELLANTS
POLYMERA INDUSTRIES (NIG.) LTD
RESPONDENTS
AREA(S) OF LAW
COMPANY LAW- LAW OF CONTRACT-ESTOPPEL
SUMMARY OF FACTS
The appellant relied on a letter of offer signed by a clerk who was not authorized to do so by the respondent to claim commission for an alleged agency contract, there was even no evidence that the offer was accepted.
HELD
The court held that the appellant’s claim must fail.
ISSUES
1. Whether the respondent was estopped from denying that its clerk had no authority to sign the letter of offer.
2. Whether the appellant proved the existence of a contract under which his claim was founded.
RATIONES DECIDENDI
HOW ESTOPPEL IS ESTABLISHED.
1. ‘Estoppel must be pleaded.’ Per Coker J.S.C
WHAT CONSTITUTES OFFER AND ACCEPTANCE .
2. ‘An offer cannot be accepted by anyone except the person to whom it is made, and acceptance means the assent of that person, signified in the mode required by the terms of the offer.’ Per Coker J.S.C
CASES CITED
STATUTES REFERRED TO
The Companies Act
