Contract: Contractual Agreement; Can a person who has benefitted from an illegal contract subsequently contend that such contract was Illegal

PAN OCEAN OIL CORPORATION (NIG.) LTD v. KCA DEUTAG DRILLING GMBH & ANOR.

Court of Appeal Nigeria

OGBUINYA; OTISI; OZIAKPONO-OHO, JJ.CA

Background

KCA Deutag Drilling GMBH & KCA Deutag (Nigeria) Limited (1st & 2nd Respondents) entered into a Land Drilling Agreement (the "Land Drilling Agreement") with the Appellant for the provision and operation of a land drilling rig T-76 and other associated drilling services to the Appellant. This also included the provision of other supporting equipment, spare parts, supplies, services, and personnel to drill oil and gas wells in locations designated by the Appellant. The 1st Respondent
did not execute any part of the Contract in Nigeria rather it was the 2nd Respondent who, in accordance with the terms of the Contract, carried out the performance and execution in Nigeria of the Contract.