SYNDICATED INVESTMENT HOLDINGS LIMITED V. NITEL TRUSTEES LIMITED & ANOR

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Dada J of the High Court of Lagos State in Suit No LD/401/2011 delivered on 22nd day of November 2012 dismissing the appellant's claim for damages for breach of contract.

The facts of the case are not in dispute. On Wednesday, the 2nd day of May 2007, the Respondents, who are a company in liquidation and the liquidator respectively, advertised a number of properties for sale, inviting bids for the same - Exhibit C1. One of the properties advertised for sale was 44 Gerard Road, Ikoyi (henceforth referred to as the property). Among the conditions for the bid were the following: (a) bidders were required to submit their bids within 30 days of the advertisement, i.e. by 2 June 2007; (b) bids were to be accompanied by a bidding fee of N10,000, a certified bank draft for 10% of the bid amount, and the bidders tax clearance certificate; and (c) sitting tenants had a right of first refusal…