Items filtered by date: Wednesday, 01 March 2023
TERMS OF CONTRACT - Whether a court can go outside the parties terms of contract
HELD:
TERMS OF CONTRACT - Whether parties are bound by the terms of their contract
HELD:
TERMS OF CONTRACT - Whether terms of contract can be varied or added to by parol/oral evidence
HELD:
"The parties, in their freedom to contract, are deemed to intend to be governed by the terms of their contract.
WRITTEN CONTRACT - Whether a written contract can only be varied by an agreement in writing; exception(s) to same
HELD:
The law of evidence is quite clear that a contract which is required by law to be in writing can only be varied by an agreement in writing.
LEAVE OF COURT/LEAVE TO APPEAL - Effect of failure to seek leave of the Court of Appeal or Supreme Court to file grounds of facts or mixed law and facts to the Supreme Court
HELD:
"Ground 2 is a ground challenging the award of costs i.e. the exercise of discretion of the lower Court in affirming the award of costs by the trial Court.
ESTOPPEL - Principles of estoppel
HELD:
"Instructively, it is trite that in a plethora of cases reiterated the fundamental principles regarding.
LEAVE OF COURT/LEAVE TO APPEAL - Whether leave of the Court of Appeal or Supreme Court is required to appeal on ground(s) of fact or mixed law and fact to the Supreme Court; effect of failure to seek leave
HELD:
"The law is well settled, beyond per adventure, that any appeal to the apex Court from the decision of the Court below on questions of facts or of mixed law and facts is beyond the contemplation and purview of Section 233 of the Constitution of the Federal Republic of Nigeria, 1999 as amended.