YAKUBU KURE VS THE STATE
July 17, 2025GRACE AKINFE VS THE STATE
July 17, 2025Legalpedia Citation: (1988-07) Legalpedia 04177 (SC)
In the Supreme Court of Nigeria
Holden At Lagos
Fri Jul 8, 1988
Suit Number: SC 213/1985
CORAM
OBASEKI, JUSTICE SUPREME COURT
UWAIS, JUSTICE SUPREME COURT
KARIBI-WHYTE, JUSTICE SUPREME COURT
OPUTA, JUSTICE SUPREME COURT
AGBAJE, JUSTICE SUPREME COURT
PARTIES
E. SAPARA
APPELLANTS
UNIVERSITY COLLEGE HOSPITAL BOARD OF MANAGEMENT
RESPONDENTS
AREA(S) OF LAW
Not Available
SUMMARY OF FACTS
The appellant was in the service of the respondent for 17 1/2 years before her dismissal from the service. Upon her dismissal, she filed an action in the High Court claiming that the purported dismissal and the procedure adopted by the defendant in connection therewith were irregular, null and void. The High court gave judgment in favour of the plaintiff. On appeal The Court of Appeal heard the appeal and after considering the submission of counsel, allowed the appeal.
HELD
Both the appellant and the respondent bound themselves by the letter of appointment and by the letter of employment Exhibit A accepted by the appellant, it was the intention of the parties to create legal relations.
ISSUES
Whether there was legal relations intended by the parties to enable the appellant to invoke the sanction of the court?
RATIONES DECIDENDI
PRESUMPTION OF AN INTENTION TO CREATE LEGAL RELATIONS.
‘In commercial agreements, it will be presumed that the parties intended to create legal relations and make a contract. But the presumption may be rebutted but the burden is very heavy. Per. A.O OBASEKI JSC
SANCTITY OF CONTRACTS.
‘The law recognizes the sanctity of contract and will enforce the contract so as to remedy any breach.’ Per. A.O OBASEKI JSC
CASES CITED
Garba v. University of Maiduguri (1986) 1 NWLR. 550
Sofekun v. Akinyemi (1980) 5-7 SC. 1
Dalrymple v. Dalrymple (1811) 2 Hag. Con. 54 at 105
Balfour v. Balfour (1919) 2 KB. 571 at 578-579
Pettitt v. Pettitt (1970) A.C. 77 at pp.822, 413-4
Johnes v. Padavatton (1969) 2 All ER. 616; (1969) 1 WLR. 328.
STATUTES REFERRED TO
Labour Decree 1974 No. 21.
