Whether Parties are bond by their Contract Freely entered into.

by caneadmin

It is trite law that parties are bond by their contract freely entered into. It  is equally trite law that the court will not make a  contract for the parties or rewrite one the parties  had made for themselves. 

The duty of the court is  to give effect to the intention of the parties freely expressed in their contract. See FIRST CITY MONUMENT BANK PLC V BENBOK LTD (2014) IPELR – 23505 CA.

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Also, it is the law that where parties have embodied their terms of contract in a written document, extrinsic  evidence is not admissible to add to, vary, subtract from or contradict the terms of the written contract. See S.132 (1) Evidence Act.

OLALOYE V BALOGUN (1990) 5 NWLR (PT 148) 24; UNION BANK NIG LTD V PROF ALBERT OJO OZIGI (1994) 3 SCNJ 42; Per AdioJSC.

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