SOKOTO STATE GOVERNMENT OF NIGERIA & 2 ORS V KAMDEX NIGERIA LIMITED
June 4, 2025AMINU MOHAMMED & ANOR V THE STATE
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 11132
In the Supreme Court of Nigeria
Fri Mar 2, 2007
Suit Number: SC. 277/2002
CORAM
JOHN INYANG OKORO CHIMA CENTUS NWEZE JUSTICE SUPREME COURT
JOHN INYANG OKORO CHIMA CENTUS NWEZE JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE,SUPREME COURT
PARTIES
OSUN STATE GOVERNMENT. APPELLANTS
DALAMI NIGERIA LIMITED
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondent was a party to a Management Operation Lease Agreement. The Appellant became the successor of the Oyo State Government in the lease and by a resolution of its Legislative arm, the Leasehold was terminated. The Respondent sought special and general damages but the Appellant appealed.
HELD
The Supreme Court held that the Oyo State High Court had jurisdiction to hear the matter but that the respondent were only entitled to damages as contained in their agreement.
ISSUES
1. Whether the High Court of Justice of Oyo State was competent and possessed the jurisdiction to exercise judicial powers over the claims of the Respondent and whether the Court of Appeal properly considered the issue of jurisdiction in determination of the Appeal.2. Whether the Court of Appeal properly considered and determined the damages awarded against the Appellant
RATIONES DECIDENDI
QUANTUM OF DAMAGES IS ASSESSED BY THE AGREEMENT OF THE PARTIES.
“Parties are bound by the terms and conditions of the agreement they freely entered into, it means that the rights of the aggrieved lessee and the quantum of damages recoverable for termination of the agreement is strictly limited to what is provided for in the agreement between the parties and nothing more” W.S.N. ONNOGHEN, JSC
DOES THE LIMITATION LAW OF PUBLIC OFFICERS APPLY IN CASES OF CONTRACT?
“It is now settled law that section 2 of the Public Officers (Protection) Act does not apply to cases of contract.” KATSINA-ALU, JSC
DOES THE LIMITATION LAW OF PUBLIC OFFICERS APPLY IN CASES OF CONTRACT?
“Where a statute provides for the institution of an action within a prescribed period, proceedings shall not be brought after the time prescribed by such statute. Any action that is commenced after the prescribed period is said to be statute barred.” KATSINA-ALU, JSC
WHAT GUIDES A COURT IN DETERMINING JURISDICTION?
“The guide in the determination of jurisdiction of a court is the subject matter of the claim as endorsed in the writ of summons. It is a fundamental principle of law that it is the claim of the plaintiff that determines the jurisdiction of the court which entertains the claim” KATSINA-ALU, JSC
CASES CITED
1. Ibrahim v. JSC (1998) 14 NWLR (Pt.584) 12. Nigerian Ports Authority v. Construzioni General Farsura Cogefar Spa & Anor. (1974)1 ALL N.L.R. 4633. Adeyemi v. Opeyori (1976) 1 FNLR 1494. Aouad v. Kessrawani [1956] 1 F.S.C. 35.
STATUTES REFERRED TO
NONE
