JIMO OGUNLOYE & ORS VS YISA DUROSINMI & ORS
August 8, 2025LAWRENCE SCOTT-EMUAKPOR VS J.I. UKAVBE
August 8, 2025Legalpedia Citation: (1975) Legalpedia (SC) 01317
In the Supreme Court of Nigeria
Fri Dec 5, 1975
Suit Number: SC. 118/1975
CORAM
ABUDAKAR BASHIR WALI, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
PARTIES
B.E.O.O. INDUSTRIES (NIG) LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellants initiated this present proceeding and claimed by their writ of summons as follows:-
N100,000.00 being special and general damages for breach of contract of manufacture of 150,000 units of census satchels
HELD
The judgment of the lower court was set aside.
ISSUES
Whether on the face of the respondents claim as formulated in both their writ of summons and statement of claim, the learned judge erred in law in awarding to the respondents the sum of N13,314.60 “as loss to plaintiff on the breach of contract by the defendants………calculated on the agreed unit price of N1.30 for each of the 10,242 satchels”? ISISISISIS
RATIONES DECIDENDI
SELLERS RIGHTS AGAINST THE BUYER UNDER A CONTRACT FOR SALE OF GOODS
Where under a contract of sale, although the property has not passed but the price is payable on a certain day irrespective of delivery, and the buyer wrongfully refuses to pay the price, the seller may maintain an action for the price. .-Per Chukwunweike Idigbe, JSC
SELLERS RIGHTS AGAINST THE BUYER UNDER A CONTRACT FOR SALE OF GOODS
The rights of the seller under a contract for the sale of goods vary according as the property in the goods sold has, or had not, passed to the buyer. Where under the contract (i.e. a contract of sale) the property in the goods has passed to the buyer then if the buyer wrongfully refuses to pay for the goods in accordance with the terms of the contract the seller may maintain an action against the buyer for the price. .-Per Chukwunweike Idigbe, JSC
SELLERS RIGHTS AGAINST THE BUYER UNDER A CONTRACT FOR SALE OF GOODS
Where,under a contract for sale of goods the seller has not transferred the property in the goods to the buyer (as where the contract is for sale of goods not in a deliverale state, as in the case in hand) the breach of such a contract (e.g. by refusal of the buyer to accept and pay for the goods) can only attract an action for damages because it can only affect the seller by way of damages, since the goods are still in the hands of the seller. The sellers only action against the buyer (save in the case where there may be a right to a claim for specific performance), is an action for damages for non-acceptance. .-Per Chukwunweike Idigbe, JSC
SELLERS RIGHTS AGAINST THE BUYER UNDER A CONTRACT FOR SALE OF GOODS
An action against the buyer of goods for the price is not an action for damages and in an action by the seller for damages, the seller is expected to recover the damage that he has sustained and not (necessarily) the full price of the goods. Hence a claim by the seller for damages for non-acceptance does always amount to an election by the seller to treat the buyers refusal to accept and pay for the goods as a repudiation of the contract.-Per Chukwunweike Idigbe, JSC
CASES CITED
Boutros Abdallah v. Michael Said Achou 1969) 1 All NLR 442
Barrow v. Arnaud (1846) 8 QB 604 at 609-10
STATUTES REFERRED TO
