CORAM

A.G. KARIBI-WHYTE – JUSTICE, SUPREME COURT

E.O. OGWUEGBU – JUSTICE, SUPREME COURT

S.U. ONU – JUSTICE, SUPREME COURT

NIKI TOBI, JUSTICE SUPREME COURT

PARTIES

K. KOIKISILVERNORTH LIMITEDSILVERNORTHE INTERNATIONAL LTD.  APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant claimed that the appellants had breached the terms of contract between it and the respondents and sued the defendant for specific and general damages.

HELD

The court held that both parties to the proceedings having chosen to regulate their legal position by Exhibit P.29, none of them can thereafter withdraw from it since there is no proof of fraud or misrepresentation. The Plaintiffs cannot approbate and reprobate and accordingly dismissed the appeal

ISSUES

(a) Whether the Court of Appeal was right in holding that the consignment of 2542 bales of stockfish was received by the Appellant (sic) or to the Appellant’s (sic) order in Port Harcourt pursuant to the contract between the parties. (b) Whether the Court of Appeal was right in holding that from the circumstances surrounding the shipment of 1406 bales of stock fish and the conduct of the Appellant (sic), the Appellant (sic) was (sic) estopped from denying the efficacy and applicability of Exhibit PX 29 ?

RATIONES DECIDENDI

CASES CITED

Ikoku v. Oli (1962) 1 All NLR 195; Nwankwere v. Adewunmi (1966) 1 All NLR 119;Nwobodo v. Onoh (1984) 1 S.C.N.L.R. 1, Omorhirhi & Ors v. Enatevwere (1988) 1 NWLR (Pt. 73) 746Folani v. Cole (1990) 2 NWLR (Pt. 133) 445Basit & Or. v. Honger 14 W.A.C.A. 569 at 570, Yoye v. Olubode & Ors. (1974) All N.L.R. 657 and Ukaegbu & Ors. v. Ugoji & Ors. (1991) 6 N.W.L.R. (Pt. 196) 127 at 146.

STATUTES REFERRED TO

Evidence Act Cap. 112 Laws of the Federation of Nigeria, 1990

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