C.A. BANJO & ORS VS ETERNAL SACRED ORDER OF CHERUBIM AND SERAPHIM
August 9, 2025CHIEF DOKUBO AKILE ASEIMO & ORS VS CHIEF ANTHONY AMOS & ORS
August 9, 2025Legalpedia Citation: (1975) Legalpedia (SC) 74951
In the Supreme Court of Nigeria
Thu Mar 13, 1975
Suit Number: SC. 128/1974
CORAM
S. O. UWAIFO, JUSTICE, SUPREME COURT
D. O. EDOZIE, JUSTICE, SUPREME COURT
ATANDA FATAYI-WILLIAMS JUSTICE, SUPREME COURT
PARTIES
MRS. AJAYI-OBE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff was interviewed by a panel of the Family Planning Council of Nigeria, the Chairman of the panel directed the Secretary to make an offer of appointment to the plaintiff as National Clinic Administrator. The Secretary did not, on seeing an advertisement she asked the court to grant her an interim injunction restraining the defendant from committing a breach of Contract of Employment between her and the Family Planning Council of Nigeria.
HELD
The Court held that the appeal, therefore, succeeds, and it is allowed. The judgment of Adedipe, J., in Suit No. LD/627/72 delivered on March 25, 1973, together with the order as to costs, is hereby set aside. We dismiss the claim of the plaintiff/respondent in the court below and this shall be the order of the court. We hereby award costs to the appellant.
ISSUES
Whether the learned trial Judge erred in law in holding that there is a valid contract between the plaintiff and the Family Planning Council of Nigeria.
RATIONES DECIDENDI
OFFER AND ACCEPTANCE
1. “One of the most elementary rules of the law of contract is that there must be a definite offer by the offeror and a definite acceptance by the offeree.” ELIAS, CJN.
CASES CITED
1. Powell v. Lee (1908) 99 LT 284
2. Rooke v. Dawson (1895) 1 Chancery 480
STATUTES REFERRED TO
NIL
