ADESHINA MOSES & ANOR VS SAIBU OGUNLABI
August 9, 2025JOHN HOLT & CO. LTD VS JONAS N. EZEUKO
August 9, 2025Legalpedia Citation: (1975) Legalpedia (SC) 36011
In the Supreme Court of Nigeria
Fri Apr 18, 1975
Suit Number: SC. 278/1974
CORAM
TASLIM O. ELIAS, JUSTICE, SUPREME COURT
PAUL ADAMU GALINJE JUSTICE,
GEORGE O. SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
INCAR NIGERIA LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant who was the respondents agent had his agency relationship determined in March, 1968 but was allowed to continue to function merely as a salesman at the usual rates of commission until this arrangement was determined in August 1968. This action is for commission on the cars purportedly sold through the appellant subsequent to August, 1968.
HELD
Dismissing the appeal the court held that upon the determination of the appellants agency relationship with the respondent there was no commission for the appellant
ISSUES
None
RATIONES DECIDENDI
COMMISSION IN THE ABSENCE OF ANY EXPRESS PROVISION IN THE CONTRACTS
In the absence of any express provision in the contracts between the salesman and his employers, the salesmans entitlement to commission should be confined to the period of employment and any other period that may be specifically agreed between the parties. Per T. O. Elias CJN
CASES CITED
Levy v. Goldhill (1917) 2Ch.297Weare v. Brimsdown Lead Co. (103 L.T. 429)
STATUTES REFERRED TO
None
