CORAM
ADEMOLA, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
J.M. JOHNSON
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
LAND LAW – LEASES-LICENSEE-THE LAW OF CONTRACT- DAMAGES
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The appellant gave the respondent its filling station to run under an agreement which entitles the respondent to payment of commission and to 30 days notice to determine the agreement. The respondent was to recommend workers for employment at the station by the appellant and appellant was to train the workers including the respondent.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the relationship between the parties is that of a licensor and licensee and that the respondent was only entitled to damages for 7 days the notice was short under the agreement.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the relationship between the appellant and respondent was that of a landlord and tenant.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
THE NATURE OF A DOCUMENT IS DETERMINED BY ITS CONTENTS AND NOT THE EMPLOYMENT OF PARTICULAR TERMS.
‘The parties to an agreement cannot, however, turn a lease into a licence merely by stating that the document is to be deemed a licence or describing it as such; the relationship of the parties is determined by law on a consideration of all relevant provisions of the agreement, nor will the employment of words appropriate to a lease prevent the agreement from conferring a licence only if from the whole document it appears that it was intended merely to confer a licence.’ Per Ademola C.J.F
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
R. A. Balogun v. U.A.C. and anor. – F.S.C. 121/1958 decided 16-2-59.
In the case Booker v. Palmer (1942) 2 ALL. E.R. 674
Isaac v. Hotel de Paris Ltd. (1960) 1 ALL E.R. 348
Minister of Health v. Bellotti and Holiday (1944) 1 ALL E.R. 238
STATUTES REFERRED TO
Not Available