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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.
Niger Classic Investment Limited v UACN Property Development Company Plc and Another (CA/L/90/13)[2016] NGCA 20 (22 June 2016) (CA/L/90/13) [2016] NGCA 20 (21 June 2016); 
CL Index Breach of Contract Contract Law Specific Performance Performance of contract Contract Law Offer and Acceptance Formation and validity of Contract Contract LawThe claimant/appellant purported to buy a property offered to it by the defendant/first respondent and consolidate the transaction with its purchase of another of the latter’s properties. This was proposed via counter-offer. The appellant proceeded to pay a down-payment for both properties after the agreed time-period, the bulk of which was unilaterally appropriated by the respondent towards payment for only one of them in reverting to the terms of the original agreement. Aggrieved, the appellant approached the High Court seeking layered relief to uphold the consolidated sale. The trial court found that, on the facts, the consolidation agreement was valid but conditional on the specified time-frame. It was therefore aborted as time was of the essence and payment had not been made in the required period. Judgment was entered in favour of the first respondent.
Challenging the trial court’s decision, the appellant argued that a binding agreement had been created, and the respondent had waived the issue of timeous payment when it accepted the appellant’s performance beyond the stipulated time-period. The court dismissed this claim, finding in concurrence with the court below that the failure to meet the time requirement – a term that was accepted by the appellant – thwarted the consolidation. No waiver had occurred.
Specific performance was unavailable to the appellant as the respondent had not breached their existing agreement. Its claim attacking the trial court’s jurisdiction to make an order regarding the transfer and registration of the property – directed at the second respondent – also failed.
The appeal was accordingly dismissed.
Abia State Government v Hon. Nwoko (CA/A/19/2012)[2016] NGCA 93 (23 March 2016) (CA/A/19/2012) [2016] NGCA 93 (22 March 2016); CL Index Jurisdiction International law Human Rights Behaviour of Legal Practitioner Legal Profession Legal Professional and Judicial Conduct Specific Performance Performance of contract Contract LawContract Law – payment of money – specific performance Civil procedure – jurisdiction - ratio decidendi
Abivams Limited v Platun Gas Oil Ghana Ltd (J4/29/2016) [2017] GHASC 29 (31 May 2017); CL Index Contract of Sale Types of contract Contract Law Contract Performance Performance of contract Contract Law Breach of Contract Contract Law Privity of Contract Parties to contract Contract Law Summary Judgment Civil Remedies Liquidated Claims Civil Remedies EL Index Minerals, oil and gas Minerals and energy Environmental law Administrative Action Administrative LawThe appeal stemmed from the denial of the appellant's right to defend on merits due to the lower court’s grant of an Order 14 summary judgement in favor of the respondent, without properly engaging with the merits of the matter.
Substantively, the court held that in a summary judgement application the plaintiff must bring a prima facie case for the claim, which includes showing the basis of the claim, before the burden shifts to the defendant to defend. However, a complete defence is not required but rather the defendant only needs to show that he has a reasonable defence to the claim and his defence is not a sham or intended to delay payment.
Since the respondent’s claim had been based on an agreement and an alleged assignment, the court reasoned that on assessment of the evidence the argument of assignment lacked the element of intent and thus could not stand. Further, the argument that the respondent was a beneficiary of the agreement in question was unfounded. The trial court therefore erred in its decision to grant summary judgment as the very basis of the claim was reasonably challenged on the facts.
The court thus concluded that the appellant had been unjustifiably been shut out of trial. It thus allowed the appeal setting aside the summary judgement.