RUFUS ALLI MOMOH V AFOLABI OKEWALE & LAGOS CITY COUNCIL.
August 6, 2025CHIEF JAMES EGBUSON & ORS V JOSEPH IKECHIUKU
August 6, 2025Legalpedia Citation: (1977-06) Legalpedia (SC) 24056
In the Supreme Court of Nigeria
Fri Jun 17, 1977
Suit Number: SC. 338/1975
CORAM
UDOMA, JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
ALHAJI LABARAN MAKYAUTA
APPELLANTS
ALHAJI IBRAHIM MAIKAMA
ALHAJI ISA ABDULLAHI
RESPONDENTS
AREA(S) OF LAW
LAW OF CONVEYANCING-POWER OF SALE-TRESPASS-SATISFACTION OF JUDGMENT DEBT
SUMMARY OF FACTS
The appellant bought and registered a piece of land and then travelled to Benin. While he was away the 1st respondent auctioned and sold the appellants land to the 2nd respondent in satisfaction of a judgment debt. The appellant was neither chargeable nor a party to the action.
HELD
The court held that the sale was palpably bad and as the 1st respondent had nothing in the property, he had passed nothing to the 2nd respondent.
ISSUES
Whether on the evidence the auction sale as a result of which the plaintiff was said to have been deprived of his land could be declared as regular, proper and valid, and that particularly as the property purportedly sold was the property of a third party who had nothing on the evidence to do with the judgment/debt nor chargeable with the judgment debt in anyway.
RATIONES DECIDENDI
REQUIREMENT TO SHOW DUE CARE IN EXECUTION OF JUDGMENT
The principles established, put briefly is that an auctioneer as well as the Sheriff must act with care and prudence. For if either should levy execution on wrong goods i.e goods not within the contemplation of the writ of attachment with which it is armed, then he is a trespasser in relation to such goods and will be liable in damages for trespass or in conversion. It seems therefore reasonable to infer from the evidence in the case on appeal that the first defendant was certainly a trespasser and could not therefore pass an indefeasible title in the property to the second defendant. PER UDO UDOMA JSC
CASES CITED
1. ABIODUN, BAILIFF& ORS V. CHIEF KOGUN OGUNYEMI (1962) 1 ALL NLR (PT IV) 550
2. BARKER V. FURLONG (1891) 2 CH.D 172
3. COCHRANE V.RYMILL 27 W.R 777
4. FEATHERSTONEHAUGH V. JOHNSTON 3 TAUNT 237
5. ADAMSON V. JARVIS 4 BING 66
6. LOVICK V.CROWDER (1828) 108 E.R 992
7. SAUNDERSON V.BAKER MARTIN, SHERIFF OF LONDON AND MIDDLESEX (1772) 2 K.B 309
8. WOODGATE V. KNETCHBULL (1782) 2 T.R 178
STATUTES REFERRED TO
1. LAND TENURE LAW CAP 59
2. SHERIFFS AND CIVIL PROCESS LAW
