CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
AKINTOLA OLUFEMI EJIWUNMI , JUSTICE, SUPREME COURT
IGNATIUS CHUKWUDI PATS-ACHOLONU, JUSTICE, SUPREME COURT
PARTIES
1. ALI PINDER KWAJAFA2. HUSSAINI M. ALIYU3. ALI PINDER KWAJAFA GARAGE LTD PLAINTIFF(S)
DEFENDANTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claimed the deed of legal mortgage he executed to secure a loan from appellant was illegal and that he had paid the debt. The lower court dismissed the claim. The issue of illegality was not made an issue before the lower court.
HELD
The court held that the issue of illegality of the legal mortgage was not raised at the lower court, and that the plaintiff failed to discharge the burden on him of how he had settled the debt having admitted same prior to the institution of this action.
ISSUES
1. Whether the Court of Appeal was right in law in affirming the decision of the trial High Court that the Mortgage agreement between the 2nd appellant and the respondent was valid in law.2. Whether the learned justices of the Court of Appeal were right in law to have granted the 1st relief claimed by the respondent in the Counter-claim.3. Whether the learned justices of the Court of Appeal were right in law to hold that the Appellants were indebted to the respondents.4. Whether the learned justices of the Court of Appeal were right in law to hold that the learned trial judge properly evaluated the evidence proffered in the case.
RATIONES DECIDENDI
CASES CITED
1. OKOUJEROR VS. SAGAY [1958] WNLR 702. PRATT VS. HAFFNER [1959] FSC 3. ODESANYA VS. EWEDEMI [1962] 1 ALL NLR 3204. SHA JNR VS. KWAN [2000] 8 NWLR (P1. 670) 6855. AJAKAIVE VS. ADEDEJI [1990] 7 NWLR (P1.161) 197
STATUTES REFERRED TO