Legal Nuggets (56): The Effect of a Frustrated Contract.- By Adedotun Habeeb Adetunji, LL.M (M.IoD), FCAI

AIICO INSURANCE PLC v. ADDAX PETROLEUM DEVELOPMENT COMPANY LTD (2014)LPELR-23743(CA)

ISSUE

FRUSTRATION OF CONTRACTS : Effect of a frustrated contract

PRINCIPLE
"...See: Okpara v. Gusau (2009) 1 NWLR Pt. 1151 Pg 1 where a contract is frustrated, further performance of the contract is excused only if;

"(a) the frustration occurs before the breach of the contract;

(b) the frustration is without the fault of either party, and

(c) the frustration is due to a fundamental change of the circumstance beyond the control and original completion of the parties."  See Mazim Eng. Ltd vs. Tower Aluminum (Supra)" Per NDUKWE-ANYANWU, J.C.A. (P. 22, paras. C-F)

CITED CASES
Okpara v. Gusau (200