PATRICK CHIEKE VS IYABO OLUYEMISI OLUSOGA & ANOR
July 15, 2025VICTOR ADEGOKE ADEWUMI VS ATTORNEY-GENERAL OF EKITI STATE
July 15, 2025Legalpedia Citation: (1990) Legalpedia (SC) 17163
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jun 28, 1990
Suit Number: SC.57/2003
CORAM
ADOLPHUS GODWIN KARIBI-WHYT, JUSTICE, SUPREME COURT
CHARLES OLUSOJI MADARIKAN
MARY UKAEGO PETER ODILI
ALOYSIUS IYORGYER KATSINA-ALU, JUSTICE SUPREME COURT
MUHAMMADU LAWAL UWAIS, CHIEF JUSTICENIGERIA
PARTIES
BALIOL NIGERIA LTD APPELLANTS
NAVCON NIGERIA LTD RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
The appellant instituted action in respect of an agreement between the parties which was expressed to be irrevocable. The court of appeal relied on other extrinsic evidence to hold that it was revocable.
HELD
The court allowed the appeal, restored the decision of the trial court and awarded the appellant damages for breach of the contract.
ISSUES
Was the agreement between the Appellant and the Respondent a Sale of Good Agreement? Were the Learned Justices of Court of Appeal (sic) right in holding that paragraph 1 of the Amended Statement of Defence did not constitute an admission of the irrevocability of the agreement of 71h October, 1994. Were the Learned Justices of the Court of Appeal were right in holding that had they found that there was a binding agreement between the parties, they would have awarded to the Plaintiff (now Appellant) only -N1, 409, 080.00
RATIONES DECIDENDI
CASES CITED
John Holt Ltd. v. Stephen Lare 09J~L.ll NIR 14|IJiou (Nig.) Ltd. v. Osidoroewo (1992) 6 NWLR (Pt.249) 463 @ 649.|Mercantile Bank at Nigeria Ltd. v .. Ada/rna Tanker & Bunkering Services Ltd. (1990) 5 NWLR (Pt.153) 747 @ 1765|Tukur v Government of Gongola State (1989) 4 NWLR (Pt. 117) 517;|Chime v. Ude (1996) 7 NWLR (Pt. 461) 379
STATUTES REFERRED TO
Not Available.|
