ABDUL LATIF JOJO
V.
ALFRED AUGUSTUS COLE & PHILIP BARDA WIL

JELR 80544 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1939 5 WACA 99-102
CORAM
COR. WEBB, C.J., BUTLER LLOYD, AG. C.J. AND STROTHER-STEWART, J.
Core Terms Beta
plaintiff
defendant cole
lease
1st defendant
essence of the contract
agreed rent
offer
opinion
agreement
plaintiff’s letter
17th july
learned chief justice
letter
substantial variation
supreme court
2nd defendant
concluded agreement
execution of the legal document
learned trial judge
lease of the premises
part of the plaintiff
valid contract
14th november
1st defendant’s reply
acceptance-offer
advance means
clear indication of intention
counter-offer time
following conditions
following order
foregoing reasons
great respect
joint judgment
judgment of court
later date
lease-specific performance of contract variation
market street
messrs. bardawil
opening statements of the respective counsel
part of the 1st defendant
plaintiff’s claim
present case
reasonable time
sierra leone
specific performance
specific performance of contract
substance of the agreement
terms of this agreement
verbal agreement
verbal conversation

*Page 99

Agreement to make lease-specific performance of contract variation between offer and acceptance-offer and counter-offer time as of the essence of the contract.

The 1st defendant agreed verbally to lease certain premises to the plaintiff. The plaintiff subsequently wrote to the 1st defendant setting out the terms of this agreement and the 1st defendant replied stating that the plaintiff’s letter had contained the substance of the agreement. The learned trial Judge held that , there was a substantial variation between the conditions given in one letter and the details given in the reply. This variation consisted in the fact that, in the plaintiff’s letter, it was stated that the agreed rent was to be paid after execution of the legal document,” while, according to the 1st defendant’s reply, the rent was to be paid” immediately the lease was executed.” There was a delay in executing the lease owing to the fact that the first instrument prepared did not contain the boundaries and …

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