N.E. EKPE V. S.A. FAGBEMI
August 4, 2025FAGBEMI AKANO V. MOSES ALABI OKUNADE & ORS
August 4, 2025Legalpedia Citation: (1978-03) Legalpedia (SC) 79181
In the Supreme Court of Nigeria
Fri Mar 31, 1978
Suit Number: SC. 113/1975
CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
OBASEKI, JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
ABIGAIL MOJIBOLA MAIJEKODUNMI
ODUTOLA MODUPEOLA MAJEKODUNMI (Substituted for Chief Adebiyi A. Majekodunmi (deceased)
APPELLANTS
NATIONAL BANK OF NIGERIA LTD
RESPONDENTS
AREA(S) OF LAW
PROPERTY LAW-CONTRACT
SUMMARY OF FACTS
The plaintiff, claimed against the defendant company the sum of £8,000 (N16,000) as balance due to him for the assignment by him to the defendants of his leasehold property.
HELD
The Supreme Court held that the respondents are not bound to pay the balance until they have been put in possession of the property. Thus, the learned trial Judge was, therefore, right in dismissing the plaintiffs claims on that ground and the former Western State Court of Appeal was also right in affirming that decision.
ISSUES
Whether the Court of Appeal, in affirming the judgment of the High Court, erred in law and misdirected itself on the facts
RATIONES DECIDENDI
DEED OF LEASE AND MORTGAGE AGREEMENT
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
