LEGAL PRINCIPLE: CIVIL PROCEDURE — Fundamental Rights Enforcement Procedure — Principal Claim for Breach of Contract Cannot Be Initiated Under Fundamental Rights Procedure Rules
PRINCIPLE STATEMENT
An action for breach of contract cannot be initiated under the Fundamental Rights (Enforcement Procedure) Rules, 1979.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Grace Jack v. University of Agriculture Makurdi (2004) NLC-2622000(SC) at p. 13; Paras B–C.
"An action for breach of contract cannot be initiated under the Fundamental Rights (Enforcement Procedure) Rules, 1979 as was erroneously done by learned counsel to the plaintiff/appellant."
EXPLANATION / SCOPE
Breach of contract claims are governed by ordinary civil procedure rules. The fundamental rights procedure is not a substitute for contract procedure. Initiation under the wrong rules is a fundamental procedural error. The principal claim determines the proper procedure. The principle applies to all breach of contract claims. Proper procedure must be followed from the outset.