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CHIEF J. A. OJOMO VS INCAR (NIG.) LTD.

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CHIEF J. A. OJOMO VS INCAR (NIG.) LTD.

Legalpedia Citation: (1993) Legalpedia (SC) 18011

In the Supreme Court of Nigeria

Fri Sep 17, 1993

Suit Number: SC. 57/1988

CORAM


A.G. KARIBI-WHYTE – JUSTICE, SUPREME COURT

A.B. WALI – JUSTICE, SUPREME COURT

O. OLATAWURA – JUSTICE, SUPREME COURT

M.E. OGUNDARE – JUSTICE, SUPREME COURT

OLUKAYODE ARIWOOLA – JUSTICE, SUPREME COURT


PARTIES


CHIEF J. A. OJOMO APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The 1st defendant appointed the 2nd defendant as its insurance company on the recommendation of the 1st plaintiff under the agreement; the 2nd defendant paid the plaintiff remuneration for its consultancy. Sometime later, the parties had a falling out and another company was appointed. The plaintiff claimed from the defendants jointly and severally that the plaintiff’s contract as brokers is still subsisting. The trial judge entered judgment for the plaintiff. The defendant appealed and by a majority decision, the Court of Appeal dismissed the appeal of the 1st defendant and allowed the appeal of the 2nd defendant. Dissatisfied as to the damages awarded in his favour, the plaintiff appealed to this court against the award.


HELD


Appeal dismissed


ISSUES



RATIONES DECIDENDI


IT IS TRITE LAW THAT THE LAW OF CONTRACT IS CONCERN WITH LEGAL OBLIGATIONS CREATED BETWEEN THE CONTRACTORS.


IT IS TRITE LAW THAT THE LAW OF CONTRACT IS CONCERN WITH LEGAL OBLIGATIONS CREATED BETWEEN THE CONTRACTORS.


CASES CITED



STATUTES REFERRED TO



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