BEST (NIGERIA) LTD V. BLACKWOOD HODGE (NIGERIA) LTD

CORAM

DAHIRU MUSDAPHER JUSTICE, SUPREME COURT

D. O. EDOZIE JUSTICE, SUPREME COURT

DAHIRU MUSDAPHER JUSTICE, SUPREME COURT

PARTIES

BEST (NIGERIA) LTD APPELLANTS

BLACKWOOD HODGE (NIGERIA) LTD. & ORS.

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant, at the Lagos State High Court, sued the 1st Respondent claiming an order for specific performance of a contract for assignment of the 1st Respondent’s property as well as an order for inquiry into damages and other consequential orders. It also claimed against the 3rd Respondent an order of injunction preventing any beneficial transfer of rights in the property to him by the 1st defendant which case he lost thus warranting this appeal.

HELD

Court held that the appeal was devoid of merit and same was dismissed.

ISSUES

Whether the Lower Court was right in holding that there was no enforceable contract between the appellant and the 1st Respondent to entitle the Appellant to an order of specific performance.

Whether the Lower Court was right to hold that a valid contract exists between the 1st Respondent and the 3rd Respondent being a bonafide purchaser for value without notice of the property in dispute.

RATIONES DECIDENDI

CONTRACT: DISCHARGE OF

“It is clear to me that a contract between parties may be discharged by breach of a fundamental term by any of the parties. There is no gain-saying the point that a breach of contract is committed when a party to the contract without lawful excuse fails, neglects or refuses to perform an obligation he undertook in the contract or Incapacitates himself from performing same or in a way backs down from carrying out a material term”. Per J.A. FABIYI, JSC

CONTRACT: PREREQUISITES OF.

“It is basic that to constitute a binding contract, there must be an agreement in which the parties are ad idem on essential terms and conditions thereof. The promise of each party must be supported by consideration.”Per J.A. FABIYI, JSC

Legalpedia Citation: (2011) Legalpedia (SC) 11619

In the Supreme Court of Nigeria

Fri Jan 28, 2011

Suit Number: SC. 31/1999