ALIYU V. NAMADI & 2 ORS

(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. […]

LAW REPORTS

Supreme Court Judgments (160 – Date) Court of Appeal Judgments (Selected) High Courts/NICN Judgments (Coming Soon)

CRIMINAL LAW AND PROCEDURE – Sentence – Whether the Court has discretion to determine the sentence to be imposed on a convict – Instances when an appellate Court will interfere with the sentence imposed by the trial Court

“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 […]

RATIOS (SC)

CONTRACT – Contract of Employment – Notice required for termination – Where not specifically stated – Need to be reasonable – Whether applicable to employee under probation:

“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 […]

CONTRACT – DAMAGES – Action for breach of contract – Need to plead and prove actual loss to avoid nominal damages – Exceptions thereto:

“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. […]

CONTRACT – Contract of sale of shares – How it can be enforced:

“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 […]

CONTRACT – Contract of Employment – Reasonable notice – Need to be determined based on each case – Circumstances to be considered when determining:

“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 […]

CONTRACT – Contract made in the name of an agent without disclosing any principal – Personal liability of the agent thereto – Whether foreknowledge of existence of a principal exonerates the agent:

“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 […]

CONTRACT – CONSIDERATION – Whether past consideration will not support a contract which is sought to be specifically performed:

“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., […]