inquire whether there has been definite offer by one party
and unqualified acceptance of that offer by another...
It therefore follows as a matter of course to the happening
of a contingency that contract only become enforceable
provided the event has occurred or the contingency has
happened. In other words, where the contract is made
subject to the fulfilment of certain specific terms and
conditions, the contract is not formed or becomes binding
unless and until those terms and conditions are complied
with or fulfilled”
In the light of the above I hold the considered view that
the failure of the offeree to comply with the Acceptance
Clause in the letter of award of contract Exhibit A1 and B1
respectively renders the contract inchoate and a nullity.
It is the contention of the prosecution’s counsel that the
court can, on the basis of the confessional statements of
the Defendant alone convict the Defendant as charged.
Now, it is pertinent to consider whether the extra judicial
statement made by the Defendant Exhibit N1 – N5 and Z7
amount to a confessional statement.
A confessional statement, whether retracted or not must
be subject to tests laid down in R v SYKES followed in
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