MANDILAS AND KERABERIS LTD
V.
CHIEF YESUFU D. OTOKITI

(1963) JELR 80380 (SC)    
Supreme Court  ·  (FSC 342/1961) ·  4 Jan 1963 ·  Nigeria
 · 
Other Citations
(1963) All N.L.R. 22
CORAM
Brett, Taylor and Bairamain, F.J.J.
Core Terms Beta
defendant
plaintiffs
lorries
logs
agreement
parties
exhibit a
cash advances
contract
breach of contract
counter-claim
written agreement
5th november
benin suit no.
forest reserve
lagos town council
learned trial judge
oral agreement
8th november
benin garage
brother bairamian
complete agreement
cost of repairs
court of appeal
denial of the oral agreement
different case
final clause
final statement of the whole of the transaction
following order
leading judgment
months notice
official fee
oral contract
portions of exhibit a
present case
said lorries
set aside
spite of the obvious importance of this agreement
square miles
statement of claim
sufficient quantity
supply
supply of logs
terms of agreement
timber vehicles
trial judge
written agreement of that date-exhibit a

Bairamian, F.J(reading the leading judgment) The plaintiffs have appealed, and the defendant has cross-appealed, from the judgment in the Benin Suit No. 27 of 1957 given on 8th November, 1960.

The parties entered into a contract on the 5th November, 1953, in relation to the defendant's concessions in the Forest Reserve, with a view to his giving the plaintiffs all the logs he extracted. There is in evidence an agreement in writing-exhibit A, put in by consent at the trial-which recites that the company advanced a loan of £1,800 in timber vehicles, to enable the defendant to exploit his timber concessions, fell timber and supply on sale all the timber to the company; the next recital mentions the concessions, which cover about 150 square miles, and the terms of agreement follow in regard to the timber to be supplied to the plaintiffs at their beach and the prices to be paid; and the defendant was to repay the loan of £1,800 in logs within six months. The final Clause is that the agreeme…

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