Category: Contract

Civil Cases Contract

BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA -ON THE 7TH DAY OF NOVEMBER 2024 – HOW/53/2024 -AMANNTECH V. NIGERIA LIMITED NIGER DELTA DEVELOPMENT COMMISSION- When parties enter into agreement and there is an arbitration clause- A permissive arbitration clause- where there is no genuine dispute

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI   BEFORE HIS LORDSHIP: - HON. JUSTICE I. M. NJAKA  ...
Civil Cases Contract

BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA -SUIT NO: HOW/308/2014 – BETWEEN SYLVESTER AMADI-OBI PLAINTIFF (Trading under the name and style of Amadi-Obi & Co) V US HOME DEPOT DEVELOPMENT INTERNATIONAL LTD.- Lawyer’s professional fees, letter of appointment – Whether the Plaintiff is Entitled to Claim Fees for Services Not Specifically Negotiated in the Appointment Letter-1. Whether the Plaintiff Fulfilled His Contractual Obligations Regarding the Preparation and Perfection of Deeds- A lawyer’s right to earn his fees following a disengagement is, generally, not circumscribed by the reasons for the disengagement

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI THIS THURSDAY THE 7TH DAY OF...
Civil Cases Contract

SUIT NO: HAM/73/2022- MAZI OKECHUKWU UNEGBU VS. ENUGU ELECTRICITY DISTRIBUTION COMPANY- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA -Delivered ON FRIDAY THE 3RD DAY OF FEBRUARY 2023- Commencement of legal action-requirements of a Writ of Summons-significance of the Statement of Claim-the concept of a condition precedent- the complaint handling procedure of Power Holding Company- National Electricity Regulation Commission (NERC)-the prematurity of the action- Plaintiff had not explored all the internal dispute resolution steps provided before filing the lawsuit- the absence of a properly defined Writ of Summons.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF MBAISE JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, AHIAZU MBAISE ON FRIDAY THE 3RD DAY...
Civil Cases Contract

SUIT NO: HOW/ /2023 – ENGR. PASCHAL CHIDI OKEREKE VS. ELEPHANT GROUP PLC – BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- delivered ON THE 3RD DAY OF OCTOBER 2023-Jurisdiction- Contract enforcement- Order 2 Rule 3 of the Imo State High Court Civil Procedure Rules 2018- initiating actions related to breach of contract -These options include the judicial division where the contract was formed, where it should have been performed, where the defendant resides, or where the defendant carries on business-

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT OWERRI ON THE 3RD DAY OF OCTOBER 2023 BEFORE HIS LORDSHIP: - HON. JUSTICE...
Civil Cases Contract

SUIT NO: HOW/ 496/2018 -INNOCENT IHEANYI IHEANAKWE VS. FIRST BANK OF NIGERIA PLC – BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- delivered ON THE 28TH DAY OF SEPTEMBER 2023 – Statute of Limitations and its Applicability- Defendant’s Obligation to Send Money Return Warrants-Plaintiff’s Derivation of Value from Money Return Warrants- Discrepancies in Legal Interpretation on the Defense of Limitation Law- Specific Pleadings and Evidence in Limitation Law Cases- Admittance of Facts and Burden of Proof in the Absence of Challenge- Money Had and Received vs. Breach of Contract- Applicability of Money Had and Received- Sections 125 and 126 of the Companies and Allied Matters Act (CAMA)- Breach of Contract- Proof of Delivery- Bank Records: Banks and financial institutions are expected to keep records of their incoming and outgoing mail- Nature of Registered Post Services – Legal Obligations Regarding Registered Mail -Burden of Proof and the Use of Registered Post -Handling of Financial Documents and Bank Drafts -Importance of Documenting Financial Transactions – Examination of Exhibits and Documentation -Determining the Statute of Limitations -Award of Damages and Costs -Legal Principles on Special Damages- Solicitor’s Fees as Special Damages- Statutory Basis for Interest Claims – Interpretation of Statutory Provisions.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT OWERRI ON THE 28TH DAY OF SEPTEMBER 2023 BEFORE HIS LORDSHIP: - HON. JUSTICE...
Civil Cases Contract

SUIT NO: HOW/7/2019- EMEREUWA MAUREEN EZINNE VS. MACIRA REAL HH COY. LTD.- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA delivered ON WEDNESDAY, THE 15TH DAY OF FEBRUARY, 2023- a valid contract for the sale of land requires the agreement of the parties on essential terms, including the parties involved, the property to be sold, the consideration, and the nature of the interest to be granted- what is admitted in the pleadings need not be further proven and is considered established. Facts admitted or not disputed cease to be in controversy- ownership and possession are crucial in property transactions, and a person must first own and possess a property before selling or transferring it to another- the Sale of Goods Act, which governs the sale of goods, does not apply to immovable property like land. Land transactions are regulated by specific legislation – the terms of the written contract are binding, and extrinsic evidence cannot be used to alter or contradict those terms- burden of proof lies on the party making an allegation, not on the party denying it. This is in line with the cases referenced in the judgment, such as ARUM VS NWOBODO and OLALEYE VS TRUSTEES OF ECWA – when a person signs a legal document without reading it and relies on another’s word about its contents, they cannot later claim it is not their document- a power of attorney is considered a contract, especially when coupled with consideration- Withholding of Evidence- Doctrine of Substantial Performance- Pre-judgment interest can be claimed and awarded in situations contemplated by an agreement between the parties, under mercantile custom, or under the principle of equity, such as a breach of a fiduciary relationship- in commercial matters, a party holding onto another’s funds for an extended period without justification should compensate the other party-

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON WEDNESDAY, THE 15TH DAY OF FEBRUARY, 2023 BEFORE...
Civil Cases Contract

HOW/363/15 – FIDELITY BANK PLC Vs. 1.EDVIC INTEGRATED SERVICES LIMITED 2.EDMOND O. AMADI- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA delivered ON THE 18TH DAY OF MAY 2023-whether the action of the Plaintiff is incompetent due to the non-joinder of a necessary party, specifically Abia State University-exceptions to the general rule that non-joinder does not defeat an action -whether the written deposition adopted by the sole witness complies with Section 13 and the 1st schedule of the Oaths Act 2004-whether there exists a tripartite agreement between the Plaintiff, the Defendants, and Abia State University concerning the loan facility- difference between a domiciliation agreement and a contract of guarantee- acknowledgment of debt and part payment, such acknowledgment can reset the statute of limitations-acknowledgment of a debt, even if it is statute-barred, can revive the right to recover it-substantial compliance with the Oaths Act is sufficient, and minor deviations in the form of an oath do not invalidate the evidence-courts have moved away from strict technicality in favor of ensuring that justice is done-the burden of proof rests with the party claiming repayment of a loan-the best way to prove payment of money into a bank account is through the production of bank tellers or acknowledgments showing that the bank received the payment

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI BEFORE HIS LORDSHIP: - HON. JUSTICE I. M. NJAKA ON THE...
Contract

HOW/355/2018 – PHARM. BENAIAH ANAYO OGUGUA V INDUSTRIAL AND GENERAL INSURANCE PLC-delivered ON THE 17TH DAY OF FEBRUARY, 2021: POINTS:- The address of the counsel- pleadings and evidence in prove of pleadings- validity of an insurance contract is contingent upon the parties meeting their obligations as at when due and complying with the terms of the insurance contract- Defendant is relying on the occurrence of an event stipulated in the contract to avoid liability, it is her duty to prove the occurrence of such event- utmost good faith is vital ingredient of insurance contract- The rise and fall of interest rate -regulated activity of Central Bank of Nigeria and Security and Exchange Commission- cannot be presumed without an official or public declaration to that effect by appropriate authority- any change in the rate of interest- must be communicated to the customer as a condition precedent for the banker to change the agreed and existing rate of interest as at the time a loan or an overdraft facility was granted to the customer- contract of insurance is a contract of uberimae fidei- whether the insured and the insurer are in fiduciary relationship

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE 17TH DAY OF FEBRUARY, 2021 BEFORE HIS...
Civil Cases Contract

Jurisdiction- Territorial and Divisional Jurisdiction – Order 2 Rues 3, 4, 5 of Imo State High Court Procedure Rules 2008- in determining whether this court is imbued with the requisite jurisdiction to determine this suit only the Claimant’s Statement of Claim is relevant- Substantial compliance with the requirement of Section 115 (4) of the Evidence Act- REODA ENGINEERING LTD   VS. FAVOUR NELSON OKORIE, HYCINTH MBAKWE (A.K.A. HIGH MAN) (TRADING UNDER THE NAME AND   STYLE H. TOBECHUKWU VENTURES)- delivered by Hon Justice Innocent M. Njaka

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE AHIAZU MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU ON FRIDAY, 16TH DECEMBER, 2016. BEFORE HIS LORDSHIP: HON. JUSTICE I.M.NJAKA. SUIT...
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