A.C.E. JIMONA LTD
V.
NIGERIAN ELECTRICAL CONTRACTING CO.LTD

(1966) JELR 80369 (SC)    
Supreme Court  ·  SC. 586/1964 ·  20 May 1966 ·  Nigeria
 · 
Other Citations
(1966) LCN/1327(SC)
CORAM
ADEMOLA, CJN BAIRAMIAN, JSC LEWIS, JUSTICE, SSC
Core Terms Beta
defendants
plaintiffs
defence
paragraph
plaintiff
suit ld
interim payments
statement of claim
a.c.e. jimona ltd.
associated construction
federal ministry of works
general conditions
learned trial judge
general denial
mr. haastrup
british architects
formation of the contract
fresh agreement
general traverse
note-paper
small portion of the job
suits ld
unsatisfactory manner
agreed contract
binding contract
chief f. r. a. williams
colonial land association ltd. v
contention of the defendants
contract no.
defence state
different contracts
effect of a general traverse
judgment of the court
judgment of the high court of lagos
libel action
limited company
lord denning
main objects of pleadings
mr scarman
own employee
particular allegation
plaintiffs’ tender
police barracks
separate suits
set pattern of payment conditions
similar paragraph
usual practice
usual practice of the association of royal institute
valid point
value of the work


LEWIS, J.S.C. (Delivering the judgment of the Court)This is an appeal by the defendants from a judgment of the High Court of Lagos (Caxton Martins Ag. J.) in which judgment was entered for the plaintiffs for £5,189-13s.-6d. with costs. The matter had begun as three separate suits in respect of three different contracts alleged to have been made between the parties and these three suits had been consolidated for hearing in the High Court. The first objection taken by the defendants/appellants on theappeal is that the learned trial judge was wrong to hold that the contention of the defendants that there was no binding contract was inconsistent with the defence as pleaded.

This necessitates an examination of the pleadings and it is to be observed that though very similar the Defence is not the same in each case. In suit LD 222/63 the plaintiff in paragraph 3 stated as follows:-

“By a letter dated the 17th day of January 1961, the defendants accepted the plaintiffs’ tender of £1,852 less 5%…

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