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The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
Lewis v United Bank for Africa Plc (SC.143/2006) [2016] NGSC 78 (15 January 2016) (SC.143/2006) [2016] NGSC 78 (14 January 2016); 
CL Index Default of Payment Loan Banking, Finance and Insurance Law Impossibility of Performance Termination of Contract Contract Law Documentary Evidence Evidence Law Miscarriage of Justice Justice and fairness Civil ProcedureThe respondent sued the appellant for default of payment in respect of loans granted to the appellant by the respondent in the course of the appellant’s employment.
The appellant claimed that liability in respect of the car loan should not have been determined solely by reference to the formal contract. Instead, the court should have had regard to extrinsic evidence.
The appellant further claimed that the summary judgment granted against him by the court below was erroneously made as there was a plausible dispute between the parties for which leave should have been granted to the appellant to defend the action. The respondent contended that the factual situation representing the appellant's defence did not constitute a good defence on the merit to the claim of the respondent. This court agreed with the respondent.
The appellant submitted that his continued retention in the employment of the respondent was a condition precedent to his repayment of the loans and his employment having been terminated, the enforcement of the personal loans had been frustrated. This court held that this stance was not sustainable because the contracts of employment and personal loans between the parties were two distinct contracts and their duration not co-existent. Thus, the appeal was dismissed.
Visser v 1 Life Direct Insurance Limited (1005/13)[2014] ZASCA 193 (28/11/2014) CL Index Repudiation of Contract Termination of Contract Contract Law Insurance Insurance and indemnity Banking, Finance and Insurance LawA claim by the appellant was repudiated by the respondent on the grounds that the deceased had misrepresented and failed to disclose to the respondent certain details of her pre-existing medical condition which materially affected the assessment of the risk under the policy by the respondent. The issue before the court was whether the deceased made a misrepresentation during the telephone conversation as well as materiality of any alleged misrepresentation or non-disclosure, does not arise in the absence of proof of the deceased’s pre-existing medical condition.
The court held that the respondent bore the onus to prove that the deceased had misrepresented herself to the respondent. The respondent also had to prove that the deceased had failed to disclose that she had received medical advice or treatment previously. There was however there was no clear understanding between the parties as to the evidential status of the contents of the hospital records. The court ruled that the respondent failed to discharge that onus to prove that the deceased did misrepresent herself as there was inadequacy and lack of clarity in the hospital records.
The court expressed that that the court a quo erred in concluding that it was not in dispute that the illnesses were noted correctly in the hospital records. The court also noted that the court a quo paid scant regard to the admissibility of the evidence as a result the parties had to file supplementary heads of argument.
Accordingly the court upheld the appeal.
Aso Tim Doz Investment Co. Ltd v Abuja Markets Management Ltd and Another (CA/A/71/2011)[2016] NGCA 56 (19 April 2016) (CA/A/71/2011) [2016] NGCA 56 (18 April 2016); CL Index Public Officer Public Service Administrative Law Revocation Termination of Contract Contract Law
The court considered whether the second respondent was a public officer as defined under s 2(a) of the Public Officers Protection Act, 2004 (the act) and whether the revocation of the certificate of occupancy can be said to be for an overriding public interest as defined in s 28 of the Land Use Act.
This case concerned an appeal of the judgment of the court below, declining jurisdiction, whereby the appellant claimed ownership of the land.
It was argued that a minister does not fall within the confines of the definition of ‘public officer’ as contended in the act.
The court found that the act applies not only to public officers but also to public officials who hold their respective offices for, or in trust of the public, thus, the minister is a public officer as contemplated in the act. Therefore, a public officer is a member of the public service.
On the second point, the court held that s 28 of the Land Use Act gives the minister the power to revoke a right of occupancy for overriding public interest. Overriding public interest means the requirement of the land by the government of the state or by local government in the state, for public purpose within the state.
The court found that the revocation of the right of occupancy was valid and for overriding public interest.
Appeal dismissed.
Guaranty Trust Bank PLC v Fox Glove Nigeria Limited (CA/L/620/2013)[2016] NGCA 88 (24 March 2016) (CA/L/620/2013) [2016] NGCA 88 (23 March 2016); CL Index Breach of Contract Contract Law Termination of Contract Contract Law Bank-Customer Relationship Bank Banking, Finance and Insurance Law Bank Guarantee Bank Banking, Finance and Insurance LawThe issue was whether the unilateral withdrawal of a bank guarantee by the appellant amounted to breach of contract.
The appeal emanated from judgement of trial court which found that the withdrawal of a bank guarantee by the appellant
was in breach of contract. The appellant had advanced a bank guarantee to the respondent to guarantee its trading capacity with MTN, a communications company for which it was a distributor. The parties agreed that the contract can only be terminated by giving 60 days’ notice period. The appellant unilaterally terminated the contract.
The respondent successfully challenged the termination in a lower court and was awarded damages amounting to ten million Naira with pre-trial interest. The appellant appealed the decision on the basis that it withdrew the bank guarantee after the respondent breached the agreement. It argued that the respondent’s claim was premised on negligence which had not been proven.
The respondent maintained that the appellant breached the contract by withdrawing the bank guarantee resulting in MTN cancelling its distribution agreement with the respondent. It further argued the delivery of termination was never proved.
The court held there was no evidence to show that the termination notice was delivered to the respondent. It found that the withdrawal of the bank grantee amounted to a breach of contract. The court ruled that it has no power to interfere with damages awarded by the lower court unless special circumstances exist. It found that the ten million award was too excessive warranting it to intervene.
The appeal was dismissed. General damages were reduced from ten million Naira to five million Naira.
Biosola Nigeria Limited and Another v. Mainstreet Bank Limited and Others (CA/L/890/07)[2016] NGCA 99 (28 November 2016) (CA/L/890/07) [2016] NGCA 99 (27 November 2016); CL Index Transfer of Shares Shares Company Law Mortgage Mortgage, loans and bonds Property Law Default On Contract Termination of Contract Contract Law Waiver Breach of Contract Contract LawThe appeal emanated from the advance of a loan by the first respondent to the appellant. The appellant deposited with appellant bank a certificate of occupation and a share certificate as security. The appellant then failed to repay the loan resulting in the sale of the appellant’s shares deposited as security. The appellant instituted legal proceedings against the respondent claiming that it was not indebted to the first respondent for any amount because the arrangement between the parties was a joint venture agreement and that the sale of the second appellants shares was done mala fide and without their consent.
The challenge was dismissed. The appellant appealed against the dismissal arguing that the trial court erred. It pointed out that the deed of mortgage was not properly executed and that the contract between the parties was invalid.
The respondent argued that the appellant was raising new issues not canvassed in the court below. It argued that there was a valid contract between the parties.
The court held that there was a loan agreement between the parties and the appellants did not complain of anomalies in the contract hence it waived any right it may have had. The court ruled that a party cannot raise new issues in an appeal and dismissed the appeal.
Hamis Faraji vs National Housing Corporation (Land Case No.46 of 2012) [2018] TZHC 46; (06 April 2018) Waiver Breach of Contract Contract Law Termination of Contract Contract Law Notice of Termination of Contract Termination of Contract Contract Law CL IndexThe plaintiff was a tenant in the defendant’s premises when the tenancy agreement was terminated by the defendant.
The main issue was whether the termination of the lease agreement between the parties was illegal because the plaintiff was not served with notice of termination of the lease agreement.
The court found that the plaintiff breached the terms and conditions of the lease agreement by failing to renew the lease agreement and defaulting on payment of the rent on time.
The court considered a clause of the parties' lease agreement, finding that the parties had agreed in their lease agreement that notices relating to their lease agreement would be served to each of them in various modes. One of those modes was service by hand to the last official address of the party. Since the clause did not state that the notice must be served to the party in person or physically but to be served through his last official address the court found that service to the last official place of business of the plaintiff could not be said to have failed to meet the agreement of the parties.
Therefore, since the plaintiff was a tenant in the premises where the notice was served as he was doing his business there it cannot be said he was not served with notice to terminate the lease agreement because the notice was served to him through his last official place of business.
The court decided in favour of the respondent.