Nigerian Sweet & Confectionary Co. Ltd V Tate & Lyle Nigeria Ltd (1965)

LawGlobal-Hub Lead Judgment Report

BAIRAMIAN JSC

The plaintiffs have appealed against the High Court decision in Kano Suit 113/63 on the ground that although the judge found the defendants in breach of the contract between the parties, he did not award damages against them, and the defendants have cross-appealed on the ground that although the judge found the defendants in breach of contract between the parties, he did not award damages against them, and the defendants have cross-appealed on the ground that they had not been guilty of any such breach.

The plaintiffs wrote to Messrs, Tate and Lyle (Nigeria) Ltd. (the defendants) on the 7th February, 1963 as follows:-

‘With reference to our telephone conversation yesterday, we would like to confirm our order of 500 (five hundred) tons of granulated sugar.

Would you kindly arrange shipment as follows:

80 tons

February 63

70 tons

March

70 tons

April

70 tons

May

70 tons