OYESANMI J. AKINLEMIBOLA V. COMMISSIONER OF POLICE
August 7, 2025CHIEF O. ORONSAYE V. CHIEF ALFRED OSULA & ANOR
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 79811
In the Supreme Court of Nigeria
Thu Jun 10, 1976
Suit Number: SC. 23/1975
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
JOHNSON B. BEKEDEREMO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants entered into contract with the respondent for the supply of certain goods and with an obligation to pay immediately or not later than thirty days. The respondents made series of supplies which the appellant failed to pay for. Thereafter, the respondent stopped supplying goods to the appellant. The appellant sued for breach of contract.
HELD
It was held that the failure to pay after supply of goods is a breach of condition and the respondent has the right to repudiate the contract.
ISSUES
Whether a breach of a condition of a contract of sale constitutes a repudiation of the contract.
RATIONES DECIDENDI
BREACH OF ESSENTIAL CONDITION OF CONTRACT
It has to be remembered also that if a party is entitled to put an end to a contract by reason of a breach of an essential promise and he does not exercise his right to do so on becoming aware of the breach he loses that right and cannot afterwards exercise the right without giving reasonable notice of his intention to do so. G. S. SOWEMIMO, JSC.
CASES CITED
Jackson v. Rotax Motors & Cycle Co., (1910) 2 K. B. 937
Ponoutsos v. Raymond Hardley Corporation of New York (1917) 2 K. B. 473
Halkett v. Earl of Dudley (1907) 1 Ch. 590
STATUTES REFERRED TO
none
