Summary of Labinjo v Abake case

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Labinjo v Abake

Principle: Capacity of Infants to Contract

Summary of Facts: A Nigerian adult sued to recover from the defendant, a Nigerian girl, the balance due to the plaintiff for the goods sold and delivered to the defendant.  On appeal to the Full Court, the court confirmed that the Infants Relief Act was a statute of general application in force in Lagos.  It therefore follows that, for matters governed by English law, the correct age of majority is twenty-one.

Judgment: Her defense was based on the Infant which was to make such debts unenforceable against an infant. Both the trial Judge and the Divisional Court assumed that the Act applied, and their judgment was solely concerned with the Interpretation of the Act

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