SILAS IKPO & ANOR VS THE STATE
July 4, 2025SPASCO VEHICLE AND PLANT HIRE CO. LTD. V. ALRAINE (NIGERIA) LIMITED
July 4, 2025Legalpedia Citation: (1995) Legalpedia (SC) 15311
In the Supreme Court of Nigeria
Tue Oct 3, 1995
Suit Number: SC.269/1991
CORAM
UTHMAN MOHAMMED., JUSTICE, SUPREME COURT
UWANI MUSA ABBA AJI
PARTIES
JOY T. WAKAMA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant/defendant and the 1st respondent/plaintiff were clients of the A.P.I.C. in connection with the purchase of the abandoned landed property in dispute. The respondent sued claiming a declaration of title, injunction against the appellant. Judgment was in his favour. On appeal the lower courts judgment was upheld. Still dissatisfied the appellant has appealed to this Court.
HELD
In the result, this appeal fails. The judgment of the Court of Appeal in which it dismissed that appellant’s appeal from the decision of Port Harcourt High Court is hereby affirmed. The 1st respondent is awarded N 1000.00 costs.
ISSUES
NONE
RATIONES DECIDENDI
WHEN A LETTER OF OFFER IS EQUIVOCAL
It will be observed that the letter of offer contains two optional forms of payment. One is by a direct payment of the whole amount due in which case, a time limit applies and the other by a loan from the Federal Mortgage Bank in which case no time limit for the completion of the transaction is stipulated. The plaintiff opted to seek a loan from the Federal Mortgage Bank and is therefore not limited on the face of the letter of offer to a time limit within which to complete the transaction and obtain the money. Per MOHAMMED JSC
CASES CITED
1. Omoboriowo v. Ajasin (1984) I SCNLR 1082. Etowa Enang and others v. Findelis Ado (1981) 11-12 SC 25.3. Lokoyi v. Olojo (1983) 2 SCNLR 127
STATUTES REFERRED TO
1. Constitution of the Federal Republic of Nigeria2. Decree 90 of 1979
