IDIRISU YAHAYA VS THE STATE
August 29, 2025ISIBA BELLO AND OTHERS VS J.T. HANSON AND S.O. THOMAS
August 29, 2025Legalpedia Citation: (1967-01) Legalpedia 40095 (SC)
In the Supreme Court of Nigeria
LAGOS
Wed Jan 11, 1967
Suit Number: SC.413/1966
CORAM
BRETT JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
ELECTRICITY CORPORATION OF NIGERIA
APPELLANTS
CHIEF M. A. OKUPE
RESPONDENTS
AREA(S) OF LAW
LAW OF CONTRACT-BOND- EVIDENCE- ONUS OF PROOF-RECITAL
SUMMARY OF FACTS
The parties executed a bond in respect of a piece of land. The appellant filed an action to recover the amount of the bond on the grounds that there were litigations over the land and that the respondent failed to execute a conveyance as provided in the bond, he however did not establish these at trial.
HELD
The court held that the appellant did not prove that the terms of the bond were breached and dismissed his claims.
ISSUES
Whether the terms of the bond executed by the parties was breached by the respondent.
RATIONES DECIDENDI
FUNCTIONS OF RECITALS TO BONDS
1. ‘The recitals can and do control the conditions of a bond, especially where the wording of the condition is neither clear nor unambiguous.’ Per Coker J.S.C
PROOF OF INFRACTION OF BOND CONDITIONS
2. ‘The burden of establishing an infraction of the condition of the bond lies squarely upon the plaintiff.’ Per Coker J.S.C
CASES CITED
STATUTES REFERRED TO
