THEOPHILUS ONUOHA VS THE STATE
July 17, 2025MILITARY GOVERNOR OF ONDO STATE VS VICTOR ADEGOKE ADEWUNMI
July 17, 2025Legalpedia Citation: (1988-07) Legalpedia 62332 (SC)
In the Supreme Court of Nigeria
Holden At Lagos
Fri Jul 1, 1988
Suit Number: SC. 209/1986
CORAM
E.O. OGWUEGBU -JUSTICE, SUPREME COURT(Read the leading judgement)
ASEME, JUSTICE COURT OF APPEAL
SYLVESTER UMARU ONU JUSTICE, SUPREME COURT (Read the Leading Judgment)
OBASEKI JUSTICE, SUPREME COURT COMMISSIONER FOR WORKS, BENUE STATE
UWAIS JUSTICE, SUPREME COURT ATTORNEY -GENERAL, BENUE STATE APPELLANT
OBASEKI, JUSTICE SUPREME COURT
UWAIS, JUSTICE SUPREME COURT
KARIBI-WHYTE, JUSTICE SUPREME COURT
BELGORE, JUSTICE SUPREME COURT
CRAIG, JUSTICE SUPREME COURT
PARTIES
COMMISSIONER FOR WORKS, BENUE STATE
APPELLANTS
DEVCON DEY. CONSULTANTS LTD
RESPONDENTS
AREA(S) OF LAW
Not Available
SUMMARY OF FACTS
The plaintiffs jointly and severally claim against the defendants jointly and severally for a declaration that letter Number 0/7/Vol.II/526 dated the 17th day of October, 1985, from the Military Governor of Benue State, which purported to terminate the written agreement dated 16th day of May, 1985 between the plaintiffs and the Government of Benue State for the plaintiffs to provide the said Government with certain engineering services, that is to say, the management and supervision of Foreign Loan Contracts in Benue State is contrary to the terms of the said agreement and in breach thereof and consequently null, void and of no effect whatsoever.
HELD
APPEAL ALLOWED
ISSUES
Not Available
RATIONES DECIDENDI
CONTRACTUAL AGREEMENT THAT TO BE PERFORM IN FUTURE
Where there a contract to be performed in the future, if one of the party has said to other in effect ‘if you go on and perform your side of the contract I will not perform min,” that in effect, amounts to saying I will perform the contract. In that case the other party may say, ‘you have given me distinct notice that you will not perform the contract. I will not wait until you have broken it, but I will treat you as having put an end to the contract, and if necessary I will sue for damages, but at all event I will not go on with the contract.” LORD BLACKBURN, KARIBI WHYTE J.S.C
CASES CITED
Mersey Stell and Iron Co. v. Naylor Benzon & Co at pp.442-443
STATUTES REFERRED TO
Not Avalable
