ISIYAKU MUSA JIKANTORO & ORS V. ALHAJI HALIRU DANTORO & ORS
June 18, 2025ALHAJI DABO KANKARA v. THE COMMISSIONER OF POLICE, KATSINA STATE
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 81186
In the Supreme Court of Nigeria
Fri May 17, 2002
Suit Number: SC. 58/1997
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
PARTIES
TSOKWA OIL MARKETING CO. NIG. LTD. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff instituted action against the defendant for damages suffered for failure to provide N300,000.00 facility or performance bond.
HELD
The court held that the contract was a conditional one and that the plaintiff did not prove that he satisfied the condition, thus there was no breach of Contract for which the defendants could be held liable.
ISSUES
1. Whether the judgment of the Court of Appeal, Jos delivered on 4th November, 1996 is an authenticated and valid judgment. 2. Whether the Court of Appeal was correct in allowing the Appellant to file an amended Appellant’s Brief so as to accommodate the additional grounds 9 and 10 filed before the Court.3. Whether the Appellant established his case before the trial High Court so as to entitle her to the award of N4, 707,752.80 as damages for breach of contract.
RATIONES DECIDENDI
WHEN CONDITIONAL AGREEMENTS BECOMES BINDINGS
Where a contract is made subject to the fulfillment of certain specified terms and conditions, the contract is not formed or becomes binding unless those terms and conditions are complied with or fulfilled- Onu J.S.C.
DIFFERENCE BETWEEN FILING OF AN INITIAL APPEAL AND AMENDED APPEAL
The law governing the filing of an initial and amended appeal are not the same. For, while an original appeal is governed by the provisions of the Court of Appeal Act, the filing of additional grounds of appeal is governed by the Court of Appeal Rules. Thus, the principles of law as to when to file each and the non-compliance differ. While non-compliance with the Act is fatal, the non-compliance with the Rules is mere irregularity- Onu J.S.C.
CASES CITED
Ajayi-Obe v. Executive Secretary (1975) 3 SC. 1 at 6 – 7 Tukur v. Government of Gongola State (1984) 4 NWLR (Part 117) at 542 Porter v. Shephard 6 T.B. 665, Cooper v. London, Brighton & Southern Railway 4 Ex.D 88; Barnard v. Fabe (1893)1 Q.B. 340, Horrigan v. Horrigan (1904) 1 Ir. R.22,Nigerian Bank for Commerce and Industry v. Integrated Gas (Nig.) Ltd. (1999) 8 NWLR (Part 613) 119 at 127 Olanlege v. Afro Continental Nigeria Ltd. (1996) 7 NWLR (Part 458) 29 at 46Sparkling Breweries Ltd. v. UBN Ltd. (2001) 15 NWLR (Part 737) 539 at 567 [(2001) 10 SCM, 150 at 168
STATUTES REFERRED TO
NONE
