HENRY STEPHENS ENG. CO. LTD. V. COMPLETE HOME ENT. NIG. LTD.

• Pages: 21-30

HENRY STEPHENS ENG. CO

. LTD. V. COMPLETE HOME ENT. NIG. LTD. 21

ment will not support an action without a proof of special damage. This judgment

was affirmed by the House of Lords in (1964) A.G. 234 H.L. What exactly is the

meaning of: 'Fred Egbe

has

dealt irregularly with 4 million Naira the property of

other people'? Will any jury be satisfied that the above words were equivalent to

5

an absolute affirmation of guilty?:- See

Tozer v. Marshford

(1851) 6 Ex. 639:

Sim-

mons v. Mitchell

(1880) 6 App. Cas. 156.

In the final result and for all the reasons given above and for the fuller reasons

in the lead judgment of my learned brother Aniagolu, J.S.C. with which I am in

complete agreement and which I now adopt as mine, I will dismiss this appeal. I

10

will abide by the consequential orders made in the lead judgment.

Appeal dismissed.

15

HENRY STEPHENS ENG. CO

. LTD. V.

COMPLETE HOME ENT. NIG. LTD.

20

HENRY STEPHENS ENGINEERING CO. LTD. APPELLANT

V

COMPLETE HOME ENTERPRISES NIG. LTD. RESPONDENT

SUIT NO. SC 96/1985

SUPREME COURT OF NIGERIA

25

OBASEKI,

J.S.C.

ESO,

J.S.C.

NNAMANI,

J.S.C.

UWAIS,

J.S.C.

KAZEEM,

J.S.C.

16th January, 1987

Contract - Sale of goods - Sale by description - Whether a product was sold

under a trade name - Implied condition as to Merchantable quality - Sale

of

goods Law, Laws of Lagos State 1973, Cap. 125 ss.15(b), 53(1)(b), 53(2) and

54.

Foreign Law - Effect of wrong reliance on foreign law in judgment - Relief or

remedy properly claimed - Sale of Goods Act 1893, section 14(2), 14(3), 53

and 54 - Appeal dismissed.

ISSUES:

1.

Whether it is proper for a court to rely on a foreign statute in giving judgment

which foreign statute has been supplanted by a local law.

2.

Whether our courts can rightly rely on the provisions of the Sale of Goods Act

45

of 1893, when our laws are contained in the Sale of Goods Law, Cap. 125,

Laws of Lagos State, 1973.

3.

Whether such erroneous reliance on the foreign statute will necessarily

invalidate a judgment.

4.

Whether the Sale of Goods Law Cap. 125 of Lagos State, 1973 provides for

50

implied conditions of merchantable quality and breach of such conditions.

5.

Whether the Supreme Court will review concurrent findings of fact of the Trial

and Appeal Courts in the absence of special circumstances.

30

35

40