DIAB NASR V COMPLETE HOME ENTERPRISES (NIG) LTD
August 6, 2025JAMES O. JEGEDE V MADAM ALIMOTU L. GIWA & 3 ORS
August 6, 2025Legalpedia Citation: (1977-04) Legalpedia (SC) 80111
In the Supreme Court of Nigeria
Fri Apr 22, 1977
Suit Number: SC. 411/1975
CORAM
ALEXANDER, CHIEF JUSTICE, NIGERIA
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
JOSEPH DABOUL LTD
APPELLANTS
CHIEF A. MAJEKODUNMI
RESPONDENTS
AREA(S) OF LAW
LAW OF CONTRACT-HIRE/PURCHASE-AGREEMENT
SUMMARY OF FACTS
The respondent entered into a hire-purchase agreement with the appellant. They also agreed that the appellant will run a transport business on behalf of the respondent and they will share the proceeds. The appellant made the respondent sign a receipt forfeiting all his rights in the hire-purchase agreement and the transport business
HELD
The court held that the hire-purchase agreement between the parties was subsisting and the respondent was entitled to an account of the proceeds from the transport business.
ISSUES
Whether the receipt signed by the respondent and the letter purportedly sent by the appellant to the respondent amounted to a discharge of the agreement between the appellant and the respondent.
RATIONES DECIDENDI
LEGAL EFFECT OF ACCORD AND SATISFACTION
Accord and satisfaction imports an agreement supported by consideration.” PER D.A.R. ALEXANDER CJN
CASES CITED
BENNING V. DOVE (1833)5 C.P 428
BARCLAY V. BANK OF NEW SOUTH WALES (1880) 5 APP CAS 374
P.C CUTTS V. TALTAL RLY COY LTD (1918) 62 SOL JC 423
STATUTES REFERRED TO
Not Available
