TED KAYODE ADAMS VS DIRECTOR OF PUBLIC PROSECUTIONS OF THE FEDERATION
September 2, 2025DENNIS NJEMANZE VS SHELL BP PORT HARCOURT
September 2, 2025Legalpedia Citation: (1966-01) Legalpedia 20759 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Thu Jan 13, 1966
Suit Number: SC 260/1964
CORAM
BAIRAMIAN JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
CONTINENTAL CHEMISTS LTD
APPELLANTS
DR C.A IFEAKANDU
RESPONDENTS
AREA(S) OF LAW
COMPANY LAW – OBJECT CLAUSE- DOCTRINE OF ULTRA VIRES
SUMMARY OF FACTS
The above company sued the doctor for breach of contract, and has appealed from [the dismissal of its suit: (Warri No. 3/1963 decided on 28 August, 1963).
HELD
That appellant cannot hold the defendant in breach of a contract to serve in a business which they themselves have no powers to carryon.
ISSUES
Whether the appellant can hold the defendant responsible for breach of contract that is not in their objects Clause?
RATIONES DECIDENDI
ULTRA VIRES PRINCIPLE
After a company is incorporated, the memorandum becomes the charter of its activities and at the same time defines its field of operation. Apart from’ statutory powers, anything done
CASES CITED
Ashbury Railway Carriage-and Iron Co. v. Riche (1875) L.R. 7 H.L. 653
Attorney-General v. Great Eastern Railway Co. (1880) 5 App. Cas. 473
In re German Date Coffee Co. (1882) 20 Ch.D, 169
Bell Houses Ltd. v. City Wall Properties Ltd. (1965) reported in 3 W.L.R. for Nov. 5
STATUTES REFERRED TO
Not Available
