CORAM
MUHAMMADU LAWAL UWAIS, CHIEF JUSTICE NIGERIA
AUGUSTINE NNAMANI, JUSTICE SUPREME COURT
PARTIES
A. I. C. LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant as Plaintiff sued the Respondent and another for, inter alia breach of contract. The action was dismissed for lack of jurisdiction, res judicata etc(having being a pending appeal in Germany).Dissatisfied the Appellant appealed to the Court of Appeal which allowed same. The case was subsequently re-tried in Lagos High Court which found in favour of the Appellant. Dissatisfied the Respondent appealed to the Court of Appeal which allowed the appeal. Hence this present appeal. ?
HELD
Dismissing the appeal ?
ISSUES
1. Whether the court below in its judgment in Appeal No. CA/L/78/2000 delivered on 24th May, 2001 overruled, reversed or review its earlier decision in Appeal No CA/L/262/89 in its judgment dated 14th December 1993 (formulated from Ground 1 of the Amended Notice of Appeal.) 2. Whether the court below properly construed and applied section 14 of the High Court Law of Lagos State in the circumstance of this case (formulated from Ground 2 of the Amended Notice of Appeal)?
RATIONES DECIDENDI
AN APPELLATE COURT WILL NOT NECESSARILY SET ASIDE A DECISION OF A LOWER COURT THAT WAS BASED ON WRONG REASONING.
It is settled law that an appellate court will not set aside the decision of a lower court which is right and just merely because the lower court gave wrong reason for the decision. Per D.O Edozie JSC
THE MEANING AND NATURE OF AN INTERIM INJUNCTION.
An order of interim injunction is a temporary form of injunction which remains in force until a named day and date. By its nature, it is expected to last for a very short period. Per D.OEdozie JSC
NATURE OF INJUNCTIONS.
An injunction is an equitable-remedy and it can only be granted in support of a right known to law or equity. Per D.O Edozie JSC
BURDEN OF PROOF.
The onus is on a plaintiff to prove his case and he must do so on the strength of his own case and not on the weakness of that of the defendant subject to some exceptions. Per D.O Edozie JSC
HOW TO PLEAD ILLEGALITY.
A contract may be ex facie illegal or the illegality may depend on a combination of facts. In the former case, the illegality need not be specifically raised in the pleadings but in the latter case the general rule is that it must be raised in the pleadings. Per D.O Edozie JSC
AN ACTION CANNOT ARISE FROM A BASE CAUSE
On the hallowed principle encapsulated in the Latin maxim ex turpi causa non oritur actio (an action does not arise from a base cause), a court of law does not generally enforce a contract or transaction tainted with illegality or contrary to public policy.Per D.O Edozie JSC
CASES CITED
1. Ekwunife v Wayne (W.A.) Limited (1989) 5 N.W.L.R. Pt.122 at 56 2. Onwucheka v N.D.I.C. (2002) 4 SCM, 177, (2002) 5 NWLR (Pt.766) 371 at 388, 3. Makaniuola v Balogun (1989) 3 N.W.L.R. (Pt.108) 192 at 2064. Stool of Abinabina v Chief Koje Enyimadu (1953) 12 W.A.C.A. 171: 5. Shonekan v Smith (1964) 1 All NLR 168 p.173, (2002) 2 SCM, 192;?
STATUTES REFERRED TO
NONE