CF Asset Finance Ltd v Okonji

The appeal was allowed because the appellants' offer was revoked before it was accepted by CFC. Mr Ojo, as Ishirosoft's salesman, had ostensible authority as CFC's agent to receive notice of revocation, and Mrs Okonji's communication to him on 6 November 2006 was effective to revoke the offer. Therefore, no contract was concluded. The defence of non est factum was not available due to Mrs Okonji's negligence in signing the blank agreement.

Parties: Claimant/first Respondent: C F Asset Finance Limited; First Defendant/first Appellant: Mrs Franca Okonji; Second Defendant/second Appellant: Mr Kwame Siaw; Third Defendant/second Respondent: Ishirosoft Limited
Jurisdiction: England and Wales
Judgment Date: 24 June 2014
Procedural Posture: Civil Appeal / Appeal From Judgment of Central London County Court
Outcome: Appeal allowed
Legal Topics: Agency, Revocation of Offer, Non Est Factum, Negligence in Signing Documents

Contract Law Agency Revocation of Offer Non Est Factum Negligence in Signing Documents

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Parties

C F Asset Finance Limited

Claimant/first Respondent

Mrs Franca Okonji

First Defendant/first Appellant

Mr Kwame Siaw

Second Defendant/second Appellant

Ishirosoft Limited

Third Defendant/second Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment of Central London County Court

Legal Issues

1 Whether the hire agreement was binding on the appellants
2 Whether the offer was revoked before acceptance
3 Whether the defence of non est factum was available to the appellants

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Judgment against the appellants set aside
No contract was concluded between the parties