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CONTRACT - AGREEMENT: What the Court must consider in determining whether parties have concluded a legally binding agreement

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"Furthermore, in order to determine the vital documents which constitute a contractual agreement between the parties, the Court must do a detailed examination of the correspondences between the parties which culminated into the final agreement between the parties. That is why, his Lordship, Fabiyi, JSC, in BFI Group Corporation v. Bureau of Public Enterprises (supra) at page 31 thereof, opined that: "The task of analyzing the several letters and attempts to reconcile the one with the other is undoubtedly a very difficult one calling for the most serious examination of each and every one of several documents until the Tribunal is able to say whether a contract is indeed established." Further see: Shell BP Petroleum Co. Ltd v. Jammal Engineering (1974) 4 SC 33 at 72; Spera In Deo Ltd v. Peccuno Mineral Industry (Nig) Ltd & Anor (2016) LPELR - 41044 (CA) at pages 10 - 11."

 

Per YAKUBU, J.C.A.In O. AMANDI ENTERPRISES (NIG) LTD & ANOR v. OBA MICRO FINANCE BANK (NIG) LTD CITATION: (2018) LPELR-45087(CA)


   
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