ASIMIYU AFOLABI V THE STATE
July 24, 2025KAYODE OKUOJA V OBAFUNMILAYO ISHOLA
July 25, 2025Legalpedia Citation: (1982) Legalpedia 31451 (CA)
In the Court of Appeal
LAGOS
Sat Jul 24, 1982
Suit Number: SC. 183/1989
CORAM
M.L. UWAIS – JUSTICE, SUPREME COURT
S. KAWU – JUSTICE, SUPREME COURT
P. NNAEMEKA- AGU – JUSTICE, SUPREME COURT
A.B. WALI – JUSTICE, SUPREME COURT
M. L. UWAIS – CHIEF JUSTICE NIGERIA
M. L. UWAIS CHIEF JUSTICE NIGERIAS.M.A. BELGORE JUSTICE, SUPREME COURTA. I. IGUHI. L. KUTIGIS.U. ONU
UTMAN MOHAMMED JUSTICE, SUPREME COURT
M.L. UWAIS JUSTICE, SUPREME COURT
S. KAWU JUSTICE, SUPREME COURT
P. NNAEMEKA- AGU JUSTICE, SUPREME COURT
A.B. WALI JUSTICE, SUPREME COURT
O. OLATAWURA JUSTICE SUPREME COURT
E.O. OGUWEGBU JUSTICE SUPREME COURT
S.U. MOHAMMED JUSTICE, SUPREME COURT
PARTIES
ALHAJI SHUAIBU ABDULKARIM
APPELLANTS
INCAR (NIGERIA) LTD
RESPONDENTS
AREA(S) OF LAW
DAMAGES FOR WRONGFUL DETENTION
SUMMARY OF FACTS
In his writ of summons, the appellant/plaintiff, claimed against the respondent/defendant, in the High Court delivery up of the said two lorry vehicles or the total sum of N400,000 (their current market value), Damages for their wrongful detention, and Other consequential relief. Judgment was not given in favor of plaintiff. The Plaintiff dissatisfied, appealed to the Federal Court of Appeal in which the Court of Appeal affirmed the decision of the trial Judge. The plaintiff further appealed to the Supreme Court.
HELD
There was no competent appeal before the Supreme Court, and it was struck out. The decision of the Court of Appeal, even though affirming that of the High Court, was set aside since it was given without jurisdiction and was a nullity.
ISSUES
Whether the trial Court was right in entertaining the application culminating in the dismissal of the appellant’s case at the stage at which it did.
Whether the previous suit has (sic) been proved to operate as estoppel against the appellant in the new suit.
RATIONES DECIDENDI
WHAT IS REQUIRED BEFORE AN APPEAL
“It is only with regard to consent judgment that leave is required before there can be an appeal from the decision of the High Court to the Court of Appeal.” Per UWAIS, JSC
WHAT IS EXPECTED FROM THE COURT IN THE INTERPRETATION OF STATUTE
“In the interpretation of any provision of the Constitution, our Courts should be liberal so that the intendment of the Constitution can be met.” Per UWAIS, JSC
CASES CITED
Udo Udoma in Nafiu Rabin v. The State (1981) 2 N.C.L.R. 293 at p.326
Standard Bank Nigeria Limited v. Chief F.M. Ikomi (1972) 1 S.C. 164 at 178
Odjevwedje v. Echanokpe (1987) 1 NWLR (Pt.52) p.633 holding (10), (11) and (12)
STATUTES REFERRED TO
