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(2023-LCER-48013-SC) IN THE SUPRAME COURT OF NIGERIA HOLDEN AT ABUJA ON FRIDAY THE 13TH DAY OF JANUARY 2023 BEFORE THEIR LORDSHIPS KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JUSTICE, SUPREME COURT UWANI MUSA ABBA AJI —————– JUSTICE, SUPREME COURT MOHAMMED LAWAL GARBA —————– JUSTICE, SUPREME COURT IBRAHIM MOHAMMED MUSA SAULAWA —————– JUSTICE, SUPREME COURT ADAMU JAURO —————– JUSTICE. […]
Supreme Court Judgments (160 – Date) Court of Appeal Judgments (Selected) High Courts/NICN Judgments (Coming Soon)
“The said Section 1(18)(a)(ii) of the Miscellaneous Offences Act Cap M17 Laws of the Federation of Nigeria 2004 states:- “Any person who deals in, sells or offers for sale or otherwise for sale any drug, medical preparation or manufactured or processed product or preparation, or is not of the quality, substance, nature or efficacy which […]
“The law is that, generally, the length of notice required for termination of contracts of employment depends on the intention of the parties as can or may be gathered from their contract and in the absence of any express provision, the courts will always imply a term that the employment may be terminated by a […]
“That statement of the law is better understood when it is remembered that in an action for breach of contract, as this is, damages are not at large and a plaintiff must always plead and prove his actual loss otherwise he is entitled to nominal damages only. Two exceptions to this general rule are known. […]
“Unless the contrary is established by evidence, and there was no evidence called by the respondents, it is trite law that a contract for the sale of shares not readily available in the market such as government stock may be enforced by an order of specific performance – See Duncuft vs. Albrecht 1841 Simon’s Reports, Chancery, Vols 1-17 […]
“What is reasonable notice must vary with facts of each given case; and in determining what amounts to reasonable notice regard must be taken of the circumstances and type of employment, local, professional or trade customs; and, generally, decided cases can only be looked upon as guides for they do not, in the circumstances, lay […]
“The short answer to this is that 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 […]
“But out of the amount of 1,186:17s:6d paid, the sum of 886:17s:6d was paid in 1964 during the lifetime of Imoru Daniyan, the father, and the further sum of 300 paid after his death to the five of the defendants was in August, 1966. The plaintiff now seeks to import into this new transaction i.e., […]
“The only shipping name contained in the exhibit is that of the 1st defendant and indeed the only contracting parties disclosed in the exhibit are the plaintiff and the 1st defendants. 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 […]
“This Rule deals with suits arising out of contracts, and it reads: “All suits for specific performance or upon the breach of any contract may be commenced and determined in the judicial division in which such contract ought to have been performed or in which the defendant resides.” Per OBASEKI, J.S.C. in NATIONAL BANK (NIGERIA) […]
“It has to be remembered also that if a party is entitled to put an end to a contract by reason of a breach of an essential promise and he does not exercise his right to do so on becoming aware of the breach he loses that right and cannot afterwards exercise the right without […]
“The power to commit is not retained for the personal aggrandisement of a judge or whoever mans the court; the powers are created, maintained and retained for the purpose of preserving the honour and the dignity of the court and so the Judge holds the power on behalf of the court and by the tradition […]