ZTE (NIG.) LTD
V.
ABYTEL (NIG.) LTD.

(2016) JELR 57732 (CA)    

Court of Appeal  ·  CA/A/576/2011 ·  21 Jun 2016 ·  Nigeria
CORAM
ABDU ABOKI JCA (Presided and Read the Lead Judgment) MOORE A. A. ADUMIEN JCA MOHAMMED MUSTAPHA JCA
Core Terms Beta
respondent
court
contract
appellants
counsel
lower court
agency agreement
agent
trial court
cross-appellant
judgment interest
agency commission
cross-appeal
instant case
cross-respondents
favour of the respondent
part of the appellant
abdu aboki jca
agency commission fails
evidence act
sum of us
trial judge
court of appeal
cross-examination
duty of court
intention of parties
lead judgment
learned trial judge
material terms of the agency agreement
proper approach of court
sole reason
terms of contract
agreed terms
appointment of the project agent
evidence shows
grounds of appeal
high court of the federal capital territory
learned trial judgment
legal effect of issues
moore a. a. adumien jca
nigerian rules of court
notice of cross-appeal
principal claim of the respondent
referred pieces of evidence
reply brief of argument
respective briefs of argument
said notice of appeal
scope of agency zte
set aside
view of the clear provision of clause

ABDU ABOKI JCA (Presided and Read the Lead Judgment ) MOORE A. A. ADUMIEN JCA MOHAMMED MUSTAPHA JCA

CA/A/576/2011 TUESDAY, 21 JUNE 2016

CONTRACT - Terms and conditions - Contract made subject to When deemed performed and binding CONTRACT - Terms of - Construction of - Proper approach of court to CONTRACT - Terms of contract - Bindingness of on parties - Duty of court to enforce CONTRACT - Written contract - Intention of parties - How determined - Court - Attitude of thereto JURISPRUDENCE - Void act - Legal effect of Issues:

Whether the lower court was right when it held that the respondent performed its responsibilities under the agency agreement and awarded the sum of US$1,350,000.00 in favour of the respondent.

Whether the lower court was right when it severed some material terms of the agency agreement and yet concluded that the agency agreement was still good to be enforced against the appellants.

Whether the lower court was right when it concluded that there was an element of bad fait…

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