Do you know that an unsigned contract is enforceable in Nigeria.
In MTN (Nig) Communications Ltd V. Corporate Communications Investment Ltd (2019) 9 NWLR (pt. 1678) 427,
MTN entered into a Trade agreement with Corporate Communications Inv. Ltd. The agreement was drafted by MTN and was sent to the respondent for their signatures. The respondent signed but MTN did not sign and kept the agreement.
Both parties transacted business on the basis of the contract.
There after MTN terminated the contract without due compliance with the agreement terms. The respondent sued MTN for wrongful termination having suffered loss. The trial court awarded N25 million as damages against MTN.
MTN appealed the trial court decision.
The Supreme Court held that MTN will not be allowed to take advantage of its wrongdoing by deliberately withholding its signature.
By: Hannah Adeyemi
Corporate/Commercial Attorney
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