PERMANENT SECRETARY, MINISTRY OF WORKS, ETC, KWARA STATE & ANOR V S. BALOGUN
August 8, 2025ALHAJI IBRAHIM YAKASSAI VS INCAR MOTORS NIG. LTD
August 8, 2025Legalpedia Citation: (1975) Legalpedia (SC) 12168
In the Supreme Court of Nigeria
Wed May 21, 1975
Suit Number: SC. 103/1975
CORAM
YEKINI OLAYIWOLA ADIO (Read the Leading Judgment), JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
AYO GABRIEL IRIFEKE, JUSTICE, SUPREME COURT
PARTIES
ALHAJI LABARAN NAKYAUTA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant sought a declaration of the court that the Respondents seizure and sale of his movable property were unlawful acts. The learned trial Judge heard evidence from both sides which he dispassionately considered and held that that that there was a writ issued by the High Court in pursuant to which the Appellants movable properties were sold. The appellant appealed against the judgment of the Trial Court dismissing his case against the two respondents.
HELD
The Supreme Court held that there was ample justification for the holding of the trial court that the plaintiffs case against the defendant must fail.
ISSUES
Whether the sale of the Appellants property was unlawful
RATIONES DECIDENDI
STATUS OF AN AUCTIONEER
“Everyone knows that an auctioneer is an agent and if it is manifest in the course of proceedings, as indeed it is here, that he was authorised by his principal to do an act which is not, ex facie, illegal, the principal assumes full responsibility for his action.” Per COKER, JSC
CASES CITED
Baker v. Furlong (1891) 2 Ch. 172;
Chaney v. Maclow (1929) 1 Ch. 461
STATUTES REFERRED TO
