CaseLaw
Uredi V. Dada (1988) CLR 2(p) (SC)
Judgement delivered on February 12th 1988
Brief
Facts
The Plaintiff’s claim against the defendants jointly, severally or in the alternative is for the sum of N100,000 (One hundred Thousand Naira) being special and general damages for breach of an oral contract when in or about January, 1976 at Lagos the defendants induced the plaintiff to hand over to them sum of N50,000 (Fifty Thousand Naira) which they promised they would refund back to him upon the completion of the contract which they claimed they were then executing at or around the Festival Village along Badagry Road which they told the plaintiff was bringing them large amounts of profits which they promised they would share with the plaintiff.
The Defendants have since completed the contract but have only after persistent demands refunded to the Plaintiff N4,000 (Four Thousand Naira) out of the said N50,000 (Fifty thousand Naira) leaving a balance of N46,000 (Forty Six thousand Naira) which they refused and or neglected to pay nor have they given the plaintiff any share of the profile as promised.
Pleadings were ordered and exchanged and thereafter the case went on to trial. At the hearing the Plaintiff gave evidence that he and the 1st Defendant had been close business associates in the North later when the1st Defendant was transferred to Lagos the Plaintiff saw him in December, 1975 and had discussions about doing further business together. They subsequently concluded an oral agreement involving N50,000. Money later exchanged hands.
Respondent sued for the recovery of the contract sum stating that it was a contract between the two in a personal capacity as against the contention of the appellant that the contract was with his company.
It was held that the transaction was between them personally and not with any company. And that the partnership was dissolved upon completion of the contract. The Court of appeal upheld the decision.
Appellant appealed to the Supreme Court.
Issues
Whether the Courts below were correct in holding that the special contract...