MORRISON UDIH VS ELIZABETH IDEMUDIA
July 1, 2025kAYAMI EBAK IROM VS IREK OKIMBA
July 1, 2025Legalpedia Citation: (1998) Legalpedia (SC) 27621
In the Supreme Court of Nigeria
Fri Feb 13, 1998
Suit Number: SC. 234/1990
CORAM
ELIAS , CHIEF, JUSTICE, NIGERIA
IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME CORUT
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
UTHMAN MOHAMMED JUSTICE, SUPREME COURT
ALOYSIUS IYORGYER KATSINA-ALU JUSTICE, SUPREME COURTDAHIRU MUSDAHPER JUSTICE, SUPREME SUNDAY AKINOLA
PARTIES
DR. OSWALD VANDERPUYE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent is a builder and civil engineering contractor. The appellant wanted two buildings constructed for him. The appellant approached the respondent to undertake the two jobs. The parties agreed that the respondent should start construction. The buildings were almost completed, when the appellant terminated the contract agreement. ?
HELD
The Court held that the appeal was without any merit and it accordingly dismissed it. ?
ISSUES
1. Weather in the appellant’s brief on the issue that time has been made of the essence of the contract. 2. Whether on the facts of this case the appellant was justified in terminating the contract in the manner he did
RATIONES DECIDENDI
EVIDENCE LED AT VARIANCE WITH PLEADINGS
“If evidence led is at variance with the pleadings it goes to no issue should be disregarded.” Mohammed, JSC.
CASES CITED
1. Chief Victor Woluchem and Ors. v. Chief Gudi & Ors. (1981) 5 SC 291 at 3202. George and ors. v. Dominion Flour Mills Ltd. (1963) 1 All NLR 71 at 77; (1963) 1 SCNLR 117.?
STATUTES REFERRED TO
None
