- Costain (W.A.) Plc. vs. Savol (W.A.) Ltd.
- ₦ 200
Costain (W.A.) Plc. vs. Savol (W.A.) Ltd.
COSTAIN (W.A.) PLC
SAVOL (W.A.) LIMITED
COURT OF APPEAL
( LAGOS DIVISION )
ISA AYO SALAMI JCA (Presided and Read the Lead Judgment)
WALTER SAMUEL NKANU ONNOGHEN JCA
CLARA BATA OGUNBIYI JCA
15TH NOVEMBER, 2004
APPEAL - Document pleaded in evidence at trial court - Complaint that
it be expunged by party who tendered it in evidence on appeal - How treated
- Fresh issue on appeal - How raised
APPEAL - Fresh issues on appeal - Raising of - Need for leave of appellate
- Contract - What is
CONTRACT - Contract based on documents - Duty on court to read all documents together
CONTRACT - Contract between parties - Duty on court not to vary terms
and conditions of contract for parties
CONTRACT - Contract by series of letters or correspondence - Duty on
court to read all the letters together
- Counter-offer - Whether operates as an acceptance
- Offer and counter-offer - Whether constitutes valid contract
- Terms of contract - Need to be express and ascertainable
COURT - Contract - Duty on court not to vary terms and conditions of
DOCUMENT - Document pleaded in evidence - Complaint that document be
expunged by party who tendered it in evidence How treated
DOCUMENT - Documents pleaded in evidence - Whether party who
voluntarily pleads can discredit them on appeal
EVIDENCE - Documentary evidence - Complaint that document be expunged
by party who tendered it in evidence - How treated
PRACTICE AND PROCEDURE - Document pleaded in evidence Complaint that
document be expunged by party who tendered it in evidence - How treated
Whether exhibit M1J5 imposed on the appellant the
obligation to pay for any charges apart from the agreed sum of N18 million to
procure the delivery of the consignments to the appellant.
Whether the court in construing the agreement made by
correspondence considered all the letters exchanged after the conclusion of the
agreement and full performance by the appellant.
Whether in determining the obligations imposed on the
parties under the agreement formed by exhibits M1J1 - 5, the trial Judge can
properly read or construe into the agreement letters or documents written after
the conclusion of the agreement and full performance by one party.
Whether the trial Judge can properly construe exhibits
M1J2 in isolation of exhibits M1J1, M1J3, 4 and 5.
Whether the trial Judge properly interpreted exhibits
Whether the appellant is liable to pay all the charges,
duties, dues and fees on identified containers as pre-condition for delivery of
In the High
Court, the appellant commenced an action by originating summons for the court
to examine certain documents or correspondence exchanged between the parties,
marked exhibits M1J1 - M1J10 and ascertain whether by reading them together,
they constitute a simple contract.
was an offer to the respondent from the appellant asking if respondent could
deliver in consideration of N18,000,000 all outstanding consignments. This
offer was conditionally accepted in exhibit M1J2 which was also a counter-offer
to the appellant. In exhibit M1J3, this offer was rejected by the appellant who
rejected the conditions stipulated by the respondent. Without waiting for an acceptance
of their new proposal in exhibit M1J3, the appellant proceeded to fulfil the
terms of their original offer but in full disregard of the conditions
stipulated by the respondents. The respondent thereafter by exhibit M1J5 in
protesting the appellantâ€™s conduct made a suggestion which they expected to
resolve the impasse. This resulted in a serious breach of contract.
The lower court ruled in favour of the
respondent. Dissatisfied, the appellant has appealed to the Court of Appeal.
The Court of Appeal only considered exhibits M1J1 - M1J5 as relevant to the