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June 1, 2020 10:47 am
"The most important element in a contract is consideration as held in the case of Chabasaya Vs. Anwasi (2010) LPLER-839(SC) as follows:
"The court below stated the elements of a valid contract which are, offer, acceptance, consideration and an intention to enter into legal relations. That for a simple contract to be binding there must be consideration which must move from the promise."
For a more detailed explanation see A.G. Gombe State Vs. Gadzama (2014) LPELR-23423(CA) wherein the Court said:
"At this juncture, I think, it is pertinent to know what is an enforceable contractual relationship in law. In FIC Construction Ltd. v. NDIC (2013) 13 NWLR Pt.1371 p.390 @ 406 - 407, it has been enunciated that a contract is an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. It is a promise or a set of promises the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. Parties must reach a consensus "ad idem'' for a contract to be regarded as binding and enforceable. The two or more minds of the parties must meet at the same point, event or incident. Where they say different things at different times, they are not ad idem and no valid contract is formed. The meeting of the minds of the contracting parties is the most crucial and overriding factor or determinant in the law of contract. Furthermore, in Best (Nig.) Ltd. vs. BH (Nig.) Ltd. (2011) 5 NWLR Pt.1329 P.95 @ 127, the Supreme Court defined a contractual relationship to mean a legally binding agreement between two or more persons by which rights are acquired by one party in return for acts or forbearances on the part of the other. It is a bilateral affair which requires the 'ad idem' of the parties. See Odutola vs. Papersack (Nig.) Ltd. (2006) 18 NWLR Pt.1012 P.470; Orient Bank (Nig.) Plc. vs. Bilante Int'l Ltd. (1997) 8 NWLR Pt.515 P.37 and S.G.B. (Nig.) Ltd. vs. Safa Steel and Chemical Manufacturing Ltd. (1998) 5 NWLR Pt.548 P.168."
- PER Y. B. NIMPAR, J.C.A IN GODWIN GEORGE (JP) VS ABAK LOCAL GOVERNMENT suit no: CA/C/151/2018
Legalpedia Electronic Citation: (2020) Legalpedia (CA) 11615
Topic starter
June 1, 2020 10:47 am
Summary Of Fact:
The Appellant sued the Respondents in the High Court of Justice, Akwa Ibom State, sitting at Abak via a writ of Summons, claiming for a declaration the Respondent was in breach of the contract with the Appellant; perpetual injunction retraining the Defendants from closing the private motor park opened by the Plaintiff on the authority of the 1st Defendant; N100,000,000.00 (One Hundred Million naira) being general damages for the unlawful act of breach of contract by the Defendants and cost of the action.
The court below dismissed the claim of the Appellant and entered judgment for the Respondents. Dissatisfied with the decision, the Appellant has lodged an appeal before this court.
