DR. KENNETH OJO v. ABT ASSOCIATES INCORPORATED & ANOR
(2014) LCN/7034(CA)
RATIO
CONTRACT: IMPORTANT ELEMENTS OF A VALID CONTRACTS
The crux of Appellant’s case is that a contract can be inferred from Exhibit A. The focus of this appeal therefore is whether the Appellant proffered sufficient credible evidence to establish his case at the lower court that the letter of commitment dated 4/2/2008, Exhibit A, governs the contractual relationship between him and the 1st Respondent in respect of PATHS 2 NIGERIA PROJECT, hereinafter referred to as “the Project”.
There are five important elements that must be present in a valid contract. These are offer, acceptance, consideration, intention to create legal relationship and capacity to contract. All the five attributes must be present for a contract to be valid in law. In other words all the five ingredients must co-exist as a contract cannot be formed if any of the ingredients is absent. – Orient Bank (Nig) PLC v Bilante Int’l Ltd (1997) 8 NWLR (Pt. 515) 37 at 76 paras B-C; Green Finger Agro-Ind Ltd v. Yusuf (2003) 12 NWLR (Pt. 835) 488 at 508, Omega Bank (Nig) PLC v O.B.C. Ltd (2005) 8 NWLR (Pt. 928) 547, Amana Suites Hotels Ltd v PDP (2007) 6 NWLR (Pt. 1031) 453, Yaro v Arewa Const. Ltd (2007) 17 NWLR (pt. 1063) 333 at 377-378. In this appeal, the material elements are offer, acceptance and consideration. Per Tinuade Akomolafe-Wilson, J.C.A.
