KESHINRO ABUDU SALAMI VS LASISI BAKARE AND ORS
August 29, 2025ABU BAKARE VS INSPECTOR GENERAL OF POLICE
August 29, 2025Legalpedia Citation: (1967-02) Legalpedia 88384 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Feb 3, 1967
Suit Number: SC 721/1966
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
NIGERIAN SUPPLIES MANUFACTURING CO. LTD
APPELLANTS
NIGERIAN BROADCASTING CORPORATION
RESPONDENTS
AREA(S) OF LAW
LAW OF CONTRACT-ANTICIPATORY BREACH- INJUNCTION
SUMMARY OF FACTS
The respondent exercised its option under a lease agreement with the appellant to renew and subsequently sought to resile from it on the grounds of financial stringency.
HELD
The court held that the respondent cannot be allowed to resile from a concluded contract simply because of financial stringency and granted the appellant injunction to restrain them from doing so.
ISSUES
Whether the lower court was right in refusing the appellant injunction on the grounds of the respondent’s financial position.
RATIONES DECIDENDI
ANTICIPATORY BREACH
‘Once a contract is completed one of the parties cannot resile from his contract because he claims he has not enough money to carry it out as he should have thought of that before entering into the contract in the first place.’ Per Lewis J.S.C
CASES CITED
1. Frost v. Knight (1872) L R. 7 Ex. 111
2. The Dominion Coal Company Limited v. The Dominion Iron and Steel Company Limited and the National Trust Company Limited and Cross Appeal (1909) 25 T.L.R. 309
STATUTES REFERRED TO
