ASSAD SABBAGH & NAMAN SABBAGH VS BANK OF WEST AFRICA LTD
September 1, 2025OGBU NWAGU VS THE STATE
September 1, 2025Legalpedia Citation: (1966-10) Legalpedia 10873 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Sat Oct 22, 1966
Suit Number: SC 460/1964
CORAM
BAIRAMIAN JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
DR ESIN A. ESIN
APPELLANTS
MATZEN Y. TIMM ( NIGERIA) LTD
RESPONDENTS
AREA(S) OF LAW
LAW OF CONTRACT- PROMISSORY ESTOPPEL- EQUITY
SUMMARY OF FACTS
The company sued DrEsin for £4,472-11s-2d, made up of £3,664-13s-Od due under two hire purchase agreements (one dated 12 June, 1961, the other 8 February, 1962) and £807-18s-2d as balance due for repairs, spare parts, and services to the vehicles
HELD
That the defendant has a valid ground of complaint in equity
ISSUES
Whether the learned trial judge, having been satisfied that the plaintiffs’ charges for repairs and spare parts were not reasonable, ought to have dismissed or non-suited the plaintiffs’ claim or awarded what (in his opinion) was reasonable.”
RATIONES DECIDENDI
HOW TO DRAFT PLEADINGS
In pleading there ought to be a separate paragraph on every distinct matter, and every paragraph must give sufficient information.- per Bairamian, J.S.C.
CASES CITED
McCutcheon v. David Macbrayne Ltd. [1964] 1 W.L.R. 125
Ajayi v. R. T. Briscoe (Nigeria) Ltd. [19641 1 W.L.R
Birmingham and District Land Co. v. London and North Western Railway Co. (1888) 40 Ch.D. 268, 286).
STATUTES REFERRED TO
Not Available
