GULAB NIGERIA LTD VS SACHDEVA
September 3, 2025ADERETI VS ATTORNEY GENERAL, WESTERN NIGERIA
September 3, 2025Legalpedia Citation: (1965-07) Legalpedia 68456 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Thu Jul 8, 1965
Suit Number: SC 380/1964
CORAM
BRETT JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
NIGERIAN SWEET & CONFECTIONARY CO. LTD
APPELLANTS
TATE & LYLE NIGERIA LTD
RESPONDENTS
AREA(S) OF LAW
BREACH OF CONTRACT
SUMMARY OF FACTS
The High Court found for the plaintiff/appellant against the defendant/respondent for breach of contract but did not award damages, hence this appeal. Meanwhile the respondent also cross-appealed on the ground that they are not liable for any such breach.
HELD
The appeal was allowed and the cross-appeal was dismissed.
ISSUES
Whether in the present case the buyers were evincing an intention no longer to be bound by the contract when they said in early September that they had no room in their store.
RATIONES DECIDENDI
DAMAGES FOR BREACH OF CONTRACT
CASES CITED
Tyers v. Rosedale and Ferryhill Iron Co. Ltd ., 10 Exch, 195
Pearl Mill Co. Ltd. v.Ivy Tannery Co. Ltd. [1919]1 K.B. 78
Melachrino and another v. Nickoll and Knight [1918 1919] 1 All E. R. Reprint, 857
STATUTES REFERRED TO
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Tyers v. Rosedale and Ferryhill Iron Co. Ltd ., 10 Exch, 195
Pearl Mill Co. Ltd. v.Ivy Tannery Co. Ltd. [1919]1 K.B. 78
Melachrino and another v. Nickoll and Knight [1918 1919] 1 All E. R. Reprint, 857
STATUTES REFERRED TO
Sale of Goods Act. 1893
