YESUFU ANLA V SALAMI AYANBOLA
August 6, 2025FRANCIS ODILI V THE STATE
August 6, 2025Legalpedia Citation: (1977-04) Legalpedia (SC) 91512
In the Supreme Court of Nigeria
Fri Apr 1, 1977
Suit Number: SC. 229/1975
CORAM
UDOMA JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
A.B WALI – JUSTICE, SUPREME COURT
PARTIES
A.O. ODUFYE
APPELLANTS
JACOB ADEOYE FATOKE
RESPONDENTS
AREA(S) OF LAW
CUSTOMARY LAW-ESTABLISHING CUSTOMARY LAW
SUMMARY OF FACTS
The appellant paid the deposits required to purchase a house and moved in. He refused to pay the balance sum of the purchase price so the respondent refunded his deposit and repudiated the contract of sale between them.
HELD
The court held that it was established under native law and custom that failure to pay the balance Sum repudiated the contract of sale.
ISSUES
Whether under Native Law and Custom the failure by the appellant to pay the balance of the purchase price entitled the respondent to repudiate the contract of sale.
RATIONES DECIDENDI
PROCEDURE FOR APPLICATION AND ENFORCEMENT OF CUSTOMARY LAW
“The only limitations placed on the customary court in the application and enforcement of customary law are that such customary laws must not be repugnant to natural justice, equity and good conscience and must be compatible with the written law for the time being in force in Western Nigeria.” PER UDO UDOMA JSC
CASES CITED
1. GIWA V. ERINMILOKUN (1961) 1 ALL NLR 294
2. OLOTO V.ADMINISTRATIVE-GENERAL&ORS (1946) 12 WACA 76
STATUTES REFERRED TO
Not Available
