OMOSOHWOFA EBOH & ANOR V. WILLIE OKI & ORS
August 12, 2025ALFRED ONYEMENA & ANOR V. THE STATE
August 12, 2025Legalpedia Citation: (1974) Legalpedia (SC) 16113
In the Supreme Court of Nigeria
Thu Jan 31, 1974
Suit Number: SC. 12/1972
CORAM
ALEXANDER JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
MAIDEN ELECTRONICS WORKS LTD. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent entered into contract with the appellant for the supply of telecommunication equipment and installation. The equipments were supplied and accepted by the respondent but sued the appellant to return the money it paid for the supply of the equipment on the grounds that the appellant fail to install within time.
HELD
The court held that contract for the supply of the equipment is severable from the contract for installation and therefore the respondent cannot claim the money paid for supply of equipment but entitled to damages for the failure of the appellant to complete installation.
ISSUES
whether the contract for the supply of the equipment enumerated in Systems 1 and 3 is separate and distinct from that for the installation of those equipment.
what is the measure of damages suffered by the plaintiffs/respondents in the case in hand.
RATIONES DECIDENDI
DAMAGES FOR BREACH OF CONTRACT
Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either as arising naturally, i.e. according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of the parties, at the time they made the contract. Per Fatai- Williams J.S.C
PERFORMANCE OF CONTRACT
It is a question of construction of the contract, in each case, as to what state the property would pass; it is, however, a question of fact, in each case, whether that stage has been reached. Per Fatai- Williams J.S.C
CASES CITED
Khalil v. Mastronikolis (1949) 12 WACA 462
Ekun v. Younan & Ors. (1961) All NLR 245 at pages 254 – 255
Akinfosile v. Mobil Oil Nigeria Ltd. S.C.724/1966 delivered on 28th November, 1969)
Victoria Laundry (Windsor) Ltd. v. Newman Industries Ltd. (1949) 2. KB 528;
East Ham Corporation v. Bernard Sunley & Sons Ltd. (1966) AC 406 at pages 450-451;
Koufos v. Czarnikow Ltd. (1967) 3 WLR 1491.
Agbaje v. National Motors (Nigeria) Ltd., S.C. 20/68 delivered on 13th March, 1970
STATUTES REFERRED TO
The Sales of Goods Act, 1893
