T. B. OGUNMADE VS CHIEF E. A. A. FADAYIRO
August 19, 2025J. S. TALABI VS MADAM ABIOLA ADESEYE
August 19, 2025Legalpedia Citation: (1972) Legalpedia (SC) 99394
In the Supreme Court of Nigeria
Fri Aug 18, 1972
Suit Number: SC. 420/66
CORAM
COKER JUSTICE, SUPREME COURT
UDOMA JUSTICE, SUPREME COURT
ALOYSIUS IYORGYER KATSINA-ALU, JUSTICE, SUPREME COURT
PARTIES
THE UNITED CALABAR COMPANY APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff/appellant claimed special and general damages for wrongful termination of contract, as the termination did not comply with the 3months notice required by the agreement and there was no reason given for termination. Also, the defendant wrote to the plaintiff to perform a task after the notice had been issued.
HELD
Re-trial was ordered.
ISSUES
“Whether the judgement was against the weight of evidence and that the learned trial judge was wrong to have dismissed the case of the plaintiff after finding that the Notice of Termination given to the plaintiff was not sufficient in law”
RATIONES DECIDENDI
WHETHER A PARTY CAN PUT UP A DEFENCE AT TRIAL ON THE REASON FOR TERMINATING A CONTRACT
“If a party alleges a breach of contract for the wrong reason or for no reason at all, he may yet justify his action if there were in existence at the time facts or causes which would have provided a good reason for terminating the contract” Per G.B.A. Coker,JSC
ACTIONS OF A PARTY CAN BE A WAIVER OF NOTICE ISSUED
“the defendants by their conduct and action had elected to revive the contract after the natural expiration of the Agreement, Exhibit “B”. They did this of their own accord by the letter, Exhibit “D””. Per G.B.A. Coker, JSC
CASES CITED
British & Beningtons Ltd V. North Western Cachar Tea Company Ltd (1923) AC 48, at P.71
Barret Bros. (Taxis) Ltd. v. Davies (1966) 1 WLR 1334
STATUTES REFERRED TO
