UWAKWE VS ODOGWU
July 16, 2025OSAYANDE UHUNMWAGHO VS F I. OKOJIE
July 16, 2025Legalpedia Citation: (1989-12) Legalpedia (SC) 19303
In the Supreme Court of Nigeria
Fri Dec 8, 1989
Suit Number: SC. 200/1986
CORAM
IRIKEFE JUSTICE, SUPREME COURT BELLO JUSTICE, SUPREME COURT IDIGBE JUSTICE, SUPREME COURT OBASEKI JU
UWAIS JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN
AGBAJE JUSTICE, SUPREME COURT
ANTHONY I. IGUH JUSTICE, SUPREME COURT
PARTIES
REUBEN N.A. EKWUNIFE (Trading under the name and style of Gonglobe Associates and Company)
APPELLANTS
WAYNE(WEST AFRICA) LIMITED
RESPONDENTS
AREA(S) OF LAW
APPEAL- LAW OF CONTRACT – EVALUATION OF EVIDENCE- AWARD OF INTEREST
SUMMARY OF FACTS
The appellant entered into a written contract with the respondent which was orally varied to exclude electrification. The respondent, through its agent inspected the work done by appellant and approved his bills. The respondent offered no admissible evidence to contradict the appellant’s evidence of performance.
HELD
The court allowed the appeal and held that the appellant proved that he substantially performed his own part of the contract, and so was entitled to payment but that interest can only be awarded from the date of judgment of the trial court
ISSUES
1. Whether the Honourable Court of Appeal was right in the interpretation placed on Exhibit I & 1A to include the supply of Electricity or whether “Flame proof electrification” includes supply of electricity by the contractor.
2. If the answer to questions 1 is in the affirmative then the further question is whether an employer can make a contractor to contract to perform what amounts to illegality and what is the effect of that aspect of the contract that is tainted with illegality.
3. Whether a party can rely on the illegal aspect of the contract to avoid liability more especially where he has derived some benefits therefrom.
4. Whether a Court can order interest to be paid on a judgment debt from a date before the date of the judgment
RATIONES DECIDENDI
WHETHER A WRITTEN CONTRACT CAN BE VARIED ORALLY
A contract in writing which by law is not of a class that must be evidenced in writing under the Statute of Frauds could be varied or rescinded by mutual agreement, whether oral or written.
WHETHER INTEREST CAN BE AWARDED ON A JUDGMENT DEBT FROM THE DATE THE CAUSE OF ACTION AROSE
A judgment debt is a debt or damage or other monetary award which has been pronounced upon by a court of competent jurisdiction. It begins when the court has pronounced its judgment in favour of the plaintiff. Interest on a judgment debt is therefore interest after adjudication. It cannot be before that incident – Nnaemeka-Agu, J.S.C.
THE DOCTRINE OF SUBSTANTIAL PERFORMANCE
The sum total of this doctrine of substantial performance is that, though the contract is indivisible, so long as the promisor has performed a substantial part of his own side of the bargain, though he may not have performed precisely or fully what he had promised to perform, he is entitled to sue a promisee who has accepted what he performed on the contract, though the promisee can counter-claim or bring a cross-action for damages for the partial performance, omissions, or defects in execution – Nnaemeka-Agu, J.S.C.
CASES CITED
Goss v. Lord Nugent (1835) 5 B. & Ad. 58 at p.65.
Dodd v. Churton (1897)1 Q.B. 562
Nash V Armstrong (1861) 10 C.B. (N.S.) 259.Hoeing v. Isaacs (1952)2 All E.R. 176.
STATUTES REFERRED TO
Not Available
