- Remm Oil Services Ltd. vs. Endwell Trading Co. Ltd.
- ₦ 200
Remm Oil Services Ltd. vs. Endwell Trading Co. Ltd.
REMM OIL SERVICES LIMITED
ENDWELL TRADING COMPANY LTD.
COURT OF APPEAL
( PORT HARCOURT DIVISION )
JAMES OGENYI OGEBE, JCA ( Presided and Read the Lead Judgment )
SYLVANUS ADIEWERE NSOFOR, JCA
MICHAEL EYARUOMA AKPIROROH, JCA
9TH JULY, 2002
CONTRACT - Breach of contract - Plaintiff alleging - Onus on - How
discharged - Whether plaintiff can rely on the weakness of the defence
CONTRACT - Parties before the court - Whether court can make contract
CONTRACT - Terms of contract - Where a certain act is agreed to be
performed within one month of contract - Whether time is of essence
- Parties before the court - Whether court can make contract for
- Trial court - Bindingness of pleadings and evidence thereon
- Special damages - When will not be awarded
EVIDENCE - Hearsay evidence - Preclusion of by section 7(b) of Evidence
- Proof - Onus of proof of plaintiffâ€™s claim - On whom lies
- Pleadings and evidence - Bindingness of on trial court
Whether the trial court was right in holding that the
appellant was liable to the respondent in its claim for special and general
damages for breach of contract.
company as plaintiff filed this action claiming against the appellant as
defendant, specific performance of contract, general damages etc. Plaintiff
alleged from its statement of claim and evidence that on 23rd February, 1989
one Mr. P. I. E. Rogers entered into a contract negotiation on its behalf with
Mr. John Cameron representing the defendant. By that agreement, the plaintiff
agreed to purchase from the defendant some marked scrap iron lying in the
defendantâ€™s business premises at Iwofe jetty, Rumuolumei village in Obio/Akpor
Local Government of Rivers State for the sum of N65,000.00. The parties agreed
that the scrap iron be evacuated within four weeks from the due date of the
contract which was 28th of February, 1989 as time was of the essence of the
evacuated most of the scrap with only about 5% left when the Nigerian Ports
Authority closed its jetty on 18th April, 1989.
At the conclusion of hearing, the trial
court gave judgment in favour of the plaintiff. Dissatisfied, defendant
appealed to the Court of Appeal.