J.B. SOBOYEDE & ORS V. MINISTRY OF LANDS & HOUSING WESTERN NIGERIA
August 11, 2025K.NWOSU V. J. OTUNOLA
August 11, 2025Legalpedia Citation: (1974) Legalpedia (SC) 51963
In the Supreme Court of Nigeria
Fri Apr 26, 1974
Suit Number: SC. 187/1972
CORAM
TASLIM O. ELIAS, CHIEF JUSTICE OF NIGERIA
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE, JSC
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
OLAIDE TUGBOBO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The parties were into a partnership for stevedoring contracts under a business name. The respondent used a similar business name to perform stevedoring contracts and kept the proceeds to himself alone.
HELD
The court allowed the appeal and held that the respondent was liable for account and that the appellant was entitled to half of the profits.
ISSUES
Whether the learned trial judge was right in dismissing the appellants claim for account.
RATIONES DECIDENDI
LIABILITY OF A PARTNER TO ACCOUNT WHERE HE MAKES PROFIT FROM CARRYING A BUSINESS SIMILAR TO THAT OF THE PARTNERSHIP
A partner, moreover, is not allowed, in transacting the partnership affairs, to carry on for his own sole benefit any separate trade or business which, were it not for his connection with the partnership, he could not have been in a position to carry on. Bound to do his best for the firm, he is not at liberty to labour for himself to their detriment; and if his connection with the firm enables him to acquire gain, he cannot appropriate that gain to himself on the pretence that it arose from a separate transaction with which the firm had nothing to do- Fatayi- Williams J.S.C.
THE NATURE OF STEVEDORING CONTRACTS
A “stevedore” is one employed to load and unload the cargoes of a ship. It follows from this that a stevedoring contract is one under which stevedores are employed to load and unload the cargoes of a ship while a stevedoring contract is one executing a stevedoring contract. In effect, a stevedoring contractor is a special kind of labour contractor – Fatayi- Williams J.S.C
CASES CITED
Lawal v. Younan (1961) All NLR 245 at page 255
Sharp v. Taylor 2 Ph. 801,
STATUTES REFERRED TO
The Partnership Act 1890
