CONTRACT LAW — Agreement — Duty of Court — Not to Rewrite Contract for Parties
Ratio Decidendi
Per Mukhtar, JSC, in Ajagbe v. Idowu (2011) NLC-123-271-2003(SC) at p. 12; Paras D—E:
"It is not the function of the court to re-write the contract for the parties. See Union Bank of Nigeria vs. SAX NIG. LTD (1994) 9 SCNJ at 13, but where the intention as expressed in the transaction, a legal interpretation of the nature of the agreement between the parties under the law, will be pronounced by the court."
Explanation / Scope
This principle establishes that the court’s function is not to rewrite contracts for parties but to interpret the agreement and pronounce on its legal nature. The principle applies in contract disputes. It ensures that the court respects the parties’ agreement. The principle reflects the doctrine of sanctity of contract. It prevents courts from imposing terms not agreed. The court must interpret the contract as written. The principle provides guidance on the court’s duty regarding contracts.