A.O. WILLIAMS V. LAGOS STATE DEVELOPMENT AND PROPERTY CORPORATION
August 4, 2025ADEKOLA ALAGBE V. HIS HIGHNESS SAMUEL ABIMBOLA & ORS
August 4, 2025Legalpedia Citation: (1978-03) Legalpedia (SC) 16115
In the Supreme Court of Nigeria
Fri Mar 3, 1978
Suit Number: SC. 205/1976
CORAM
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
ANTHONY N. ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
1. WEST AFRICAN SHIPPING AGENCY (NIG.) LTD
2. LEIF NYKLEBURST FONNES
APPELLANTS
ALHAJI MUSA KALLA
RESPONDENTS
AREA(S) OF LAW
EVIDENCE
SUMMARY OF FACTS
The plaintiff claimed against the 1st and the 2nd defendants for the delivery of 560 bags of beans or the sum of £6,000 (N12,000) being the value of the 560 bags of beans delivered to the Defendants under an agreement by sea and for general damages for breach of contract.
HELD
That Supreme Court held that the learned trial Judge ought not to have found the 1st defendants liable as all documentary evidence before him and the answers to the interrogatories delivered by the 1st defendants show that the 1st defendants could not possibly be the owners of the ship but agents of the owners.
ISSUES
Not Available
RATIONES DECIDENDI
POSITION ONCE A PERSON PUTS HIMSELF FORWARD AS A CONTRACTING PARTY, WHETHER AS AN AGENT OR A PRINCIPAL
“Once a person puts himself forward as a contracting party, whether as an agent or a principal, he will continue to be liable even after the discovery of the agency by the other party. The only thing that stops his liability is the clear and unequivocal election by the other contracting party to look to the principal alone.” Per K.ESO, JSC.
EFFECT OF A PERSON MAKING A CONTRACT IN HIS OWN NAME
“It is settled law that when a person makes a contract in his own name, without disclosing either the name or the existence of a principal, he is personally liable on the contract to the other contracting party, even though he may be in fact acting on a principals behalf.” Per K.ESO, JSC.
SPECIAL DAMAGES
“It has been held by this court that strict proof in the context of special damages can mean no more than such proof as would readily lead itself to quantification or assessment. Per ESO, JSC
CASES CITED
Collings v. Associated Greyhound Race Ltd. (1930) 1 Ch. D. 1
Ariadne Steamship C. v. James McKelvie (1922) 1 KB. 578
STATUTES REFERRED TO
Not Available
