On the part of the 2nd Defendant, counsel stated that the Plaintiff counsel
submitted that the law is settled that only a party to a contract can
enforce it. A stranger to a contract cannot enforce it even if the contract
was made for his benefit. He cited the case of Makwe V. Nwukor (2001)
M.J.S.C.179 at 182 ratio 1.
In the instant case, it is submitted that there was no contractual
relationship between the 1st Defendant and the Plaintiff over 4 no. shops
which this Court can enforce. This assertion is predicated on the facts of
this case and evidence adduced by the parties.
Counsel stated that in paragraphs 3 and 8 of witness statement on oath
dated 12th November, 2012, DW1 vividly captured the procedure for the
sale of shops thus:
a. The prospective purchaser will obtain the 1st Defendant’s bank
account number;
b. Lodge the purchase price of the shop he intends to buy in the bank;
c. Submit the bank teller to the 1st Defendant ;
d. The 1st Defendant issues receipt acknowledging payment and;
e. Indicate the shop numbers the purchaser paid for;
Similarly, counsel then submitted that the claim of the Plaintiff when
subjected to the procedure outlined by the 1st Defendant as the
procedure for buying shops, did not comply at all. No shops were
selected, even though receipt was issued, it was in the name of the 2nd
Defendant and no form was purchased nor paid for. He submitted that
there was no acceptance of offer by the Plaintiff to buy shops from the 1st
Defendant and urged the Court to hold. He referred the Court to the
case of Metibaiye V. Narelli Int’l Ltd (2009) 16 N.W.L.R (pt. 1167) 327 @ 331
ratio 4, C. A. held that:“An acceptance of offer is the reciprocal act or action of the
offeree to an offer by which he indicates his agreement to the
terms of the offer as
as conveyed to him by the offeror. An
acceptance of an offer may be demonstrated:
a. By the conduct of the parties or;
b. By their words;
c. By documents that have passed between them.”
Counsel further stated that for an acceptance to be valid and operative,
it must be plain, unequivocal, unconditional and without variance of any
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