MICHAEL AROWOLO V. CHIEF TITUS IFABIYI
June 20, 2025CHIEF O. N. NSIRIM V. ALERUCHI ETCHESON NSIRIM
June 20, 2025Legalpedia Citation: (2002) Legalpedia (SC) 23702
In the Supreme Court of Nigeria
Fri Feb 8, 2002
Suit Number: SC. 136/1997
CORAM
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
MAMMAN NASIR
JUSTICE, SUPREME COURT
PARTIES
MR. P. A. AWOLAJANIGERIA ALUMINIUM DEVELOPMENT COMPANY LIMITEDPRAFT FOODS LIMITEDNIGERIAN METAL MANUFACTURING COMPANY LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The defendants sought to escape liability under a charterparty on the grounds that it was not signed.
HELD
The court held that the signing of a charterparty is not essential for its validity.
ISSUES
Whether the defendant was liable under the Charterparties – particularly as same was unsigned and undated.
RATIONES DECIDENDI
SIGNING OF THE CHARTER PARTY CONTRACT
A signed document though valuable as putting it beyond peradventure what terms the parties have agreed to is not essential to the existence of a contract of affreightment. Where the immediate parties to the agreement do not deny their agreement or the existence of the contract of affreightment and there is no doubt about their intention that they should be bound, barring statutory provision to the contrary, (and none has been cited by the defendants) the existence of the contract cannot be impugned on the ground that the document embodying the terms they have agreed to was unsigned, unless the parties have made such a condition of their being bound – Ayoola J.S.C.
CASES CITED
Hutton v. Watling [1948] Ch. 398, 404)Skips A/S Nordhein & Or v. Syrian Petroleum Co. Ltd. and another [1983] 3 ALL ER 645
STATUTES REFERRED TO
NONE
