AKIN AKINYEMI V ODU’A INVESTMENT

CORAM

MUHAMMAD S. MUNTAKA-COOMASSIE JUSTICE, SUPREME COURT

ALOBA MARIAM MUKHTAR

SULAIMAN GALADIMA JUSTICE, SUPREME COURT

PARTIES

AKIN AKINYEMI(Trading under the Name and Style of AKIN AKINYEMI & ASSOCIATES) APPELLANTS

ODU’A INVESTMENT

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The defendant offered the plaintiff the valuation of the assets of three of its subsidiary companies, and offered to pay a simple fee or honorarium. The plaintiff made a counter offer, and went ahead to execute the contract, in the settlements of the bills the defendant forwarded to the plaintiff a sum of N330,000.00. The plaintiff brought an action to the trail court for full payment based on his counter offer.

The trail court held in favor of the plaintiff. The defendant not satisfied s  appealed to the Court of Appeal who set aside the judgement of the trial court and held in favour of the defendant stating that the counter claim was a fresh offer and no acceptance was made. The plaintiff appealed to the Supreme Court.

HELD

The court dismissed the appeal and upheld the decision of the Court Appeal?

ISSUES

1. “Questions whether there was a valid contract between the parties” Per I. T Muhammad J.S.C2. “Whether on the pleadings and evidence before the court, judgement ought not to be given to the appellant instead of the respondent” Per I. T Muhammad J.S.C?

RATIONES DECIDENDI

BASIC ESSENTIALS TO THE CREATION OF A CONTRACT

“It is elementary to state that there are three basic essentials to the creation of a contract: agreement, contractual intention and consideration. And, the normal test for determining whether the parties have reached agreement is to ask whether an offer has been made by one party and accepted by the other.” Per I. T Muhammad J.S.C

FAILURE OF A VALID CONTRACT REQUIREMENT

Where there is a failure of any of the requirements of valid contract such as intention to create legal relation and where the contract is not a unilateral or gratuitous one, then there is a failure of contract as it is incompetent. It is not capable of any enforcement as it is not legally binding.” Per I. T Muhammad J.S.C

DOCTRINE OF A COUNTER OFFER

The doctrine of a counter-offer in a contract postulates an outright rejection of the original offer by the offeror to the offeree. It indeed destroys the offer, making it non-existent, as it were, and not capable, anymore, of any acceptance.” Per I. T Muhammad J.S.C

CONDITIONS BEFORE AN APPEAL CAN BE LAID ON GROUNDS OF FACTS

The position of law is that before an appeal can be laid on such grounds, the party wishing to appeal must seek the leave of the court below or this court” Per I. T Muhammad J.S.C

CRITERIA FOR DISTINGUISHING A GROUND OF LAW FROM THAT OF MIXED LAW AND FACT

The first and foremost is for one to examine thoroughly the grounds of appeal in the case concerned to see whether they reveal a misunderstanding by the lower court of the law, or a misapplication of the law to the facts already proved or admitted.” Per I. T Muhammad J.S.C

WHEN AN APPELLATE COURT CAN REVERSE THE DISCRETIONARY ORDER OF A TRIAL COURT

“The settled law and practice is that except on grounds of law an appellate court will not reverse a discretionary order of a trial court merely because it would have exercised the discretion differently. But, if on other grounds, the order will result in injustice being done or if the discretion was wrongly exercised in that due weight was not given to relevant consideration, the order may be reversed.” Per I. T Muhammad J.S.C

LEGAL RIGHT OF A PARTY

Where the law has conferred a right on a person and the person, for some reason, decides to abdicate or abandon or relinquish that right, it is not the duty of a court and of course the court has no power to restore that right on such a person as one cannot force an unwilling horse to drink the water.” Per I. T Muhammad J.S.C

CASES CITED

Board of Customs and Excise v. Barau (1982) 10 SC 48Obechie v. Onochie (1980) 2 NWLR (pt. 23) 484Tilbury Construction Ltd v. Ogunniyi (1988) 2 NWLR (Pt. 74) 64Idiaka v. Erisi (1988) 2 NWLR (pt. 78) 563Tinn v. Hoffman & Co (1973) 29 L.T. 271; 278Butcher v R (1934) @ K.B. 17Courteny & Fairbrain Ltd V. Tokuni Bros. Hotel LtdSaffieddine v. COP (1965) 1 ALL NLR 54Enekebe v. Enekebe (1964) 1 ALL NLR, 102Awani v. Erejuwa II (1976) 11 SC 307Odusote v. Odusote (1971) 1 ALL NLR 219

STATUTES REFERRED TO

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