S.W. UBANI-UKOMA VS G.E. NICOL
September 5, 2025JOHN EDO & ANOR VS COMMISSIONER OF POLICE
September 8, 2025Legalpedia Citation: (1962-02) Legalpedia 96604 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon Feb 12, 1962
Suit Number: SC 358/1960
CORAM
BAIRAMIAN, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
ADEMOLA, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
ANTOINE ROSSEK
RESPONDENTS
AREA(S) OF LAW
LAW OF CONTRACT-FORCE MAJEURE-PROPERTY LAW-TERMS OF AGENCY—RIGHT TO COMMISSION
SUMMARY OF FACTS
The plaintiff/appellant sued the defendant/respondent for commission due him in the event he introduced prospective clients to take an assignment of lease of the land belonging to the defendant. The land was compulsorily acquired by the Government to which end the plaintiff did not pay the plaintiff the agreed 10% agent commission.
HELD
As Government decided to acquire compulsorily, the event on which the plaintiff under his contract was to be paid commission did not happen, and his grounds of appeal must fail. The decision to dismiss his claim was correct, and I would dismiss his appeal with costs, which are assessed at twenty guineas.
ISSUES
The learned trial Judge erred in law in holding that the compulsory acquisition of the subject-matter of the action operated to deprive the appellant of his right to commission.
The learned trial Judge misdirected himself on the legal effect of an authority to “find a person ready and willing and able to take an assignment of the respondent’s leasehold interest in the properties in question.
RATIONES DECIDENDI
AGENTS’ RIGHT TO COMMISSION
‘When an agent claims commission from a principal, there are certain principles of law applicable which cannot be doubted. First, when an agent claims that he has earned the right to commission, the test is whether upon the proper interpretation of the contract between the principal and the agent the event has happened upon which commission is to be paid. Secondly, there are no special principles of construction applicable to commission contracts with estate agents. Thirdly, contracts under which a principal is bound to pay commission for an introduction which does not result in a sale must be expressed in clear language.’ Per BAIRAMIAN F.J.
ASSIGNMENT OF A LEASE
‘An assignment of a lease normally means a transfer by the lessee of his entire term, or of the entire residue of it, to another; and that means a contract by which the lessee sells his term to a purchaser. No authority has been cited to the effect that when Government, acting under statutory powers of compulsory acquisition, acquires a lessee’s term, there is an “assignment” of his interest to Government.’ Per BAIRAMIAN F. J.
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
