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DR. DOZIE IKEDIFE & ANOR VS CLEMENT OBIENU

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DR. DOZIE IKEDIFE & ANOR VS CLEMENT OBIENU

Legalpedia Citation: (1975) Legalpedia (SC) 77141

In the Supreme Court of Nigeria

Thu Apr 24, 1975

Suit Number: SC. 398/1974

CORAM


ATANDA FATAYI-WILLIAMS JUSTICE, SUPREME COURT

ELIAS JUSTICE, SUPREME COURT

SOWEMIMO JUSTICE, SUPREME COURT


PARTIES


DR. DOZIE IKEDIFE AND ANOR APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The Plaintiff/Appellant sued the Defendant/Respondent for breach of contract and damages at the High Court of Onitsha in Suit No:0/70/72.The Court after taking evidence found in favor of the Defendant/Respondent and dismissed the suit accordingly, hence this present appeal by the Plaintiff/Appellant.


HELD


Appeal dismissed


ISSUES


None.


RATIONES DECIDENDI


DUTY OF AGENT TO PRINCIPAL


1. A disclosed principal is entitled to sue or be sued in respect of any money paid on his behalf by his agents, since in such a case the consideration has moved from the disclosed principal and not from the agent. If, therefore, the agent brings an action, he should disclose the capacity in which he had done so. PER TASLIM O. ELIAS,CJN


CASES CITED


None.


STATUTES REFERRED TO


None.


CLICK HERE TO READ FULL JUDGMENT

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