• Enforcement of Guarantees and Indemnities: Problems Arising

    Enforcement of Guarantees and Indemnities: Problems Arising

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    Kolawole Mayomi, Partner S.P.A. Ajibade & Co in his article, “Enforcement of Guarantees and Indemnities: Problems Arising” provides an in-depth analysis of the law relating to guarantees and indemnities. He notes that while the law relating to guarantee and indemnity contracts in Nigeria is case driven, the courts have conflated the principles undergirding them. The consequences being opening up a guarantor to unconditional liability or imposing onerous obligation on the creditor holding an indemnity contract. He examines how risks are covered, the difference between guarantee and indemnity contracts, and grounds for resisting enforcement of each.

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