STARCOLA (NIGERIA) LTD & ANOR. VS MADAM TAIBATU ADENIJI & 4 ORS
August 26, 2025UZOSIKE NWOKORONKWO VS THE STATE
August 26, 2025Legalpedia Citation: (1972) Legalpedia (SC) 71714
In the Supreme Court of Nigeria
Fri Jan 28, 1972
Suit Number: SC. 535/70
CORAM
LEWIS JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
PARTIES
ALI SAFE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff saw posters advertising auctions of some properties which she eventually bought and was issued a receipt by the auctioneer. After purchase the plaintiff read on the newspaper that the defendant was inviting offers for the sale of the said house.
HELD
The court allow the appeal and set aside the judgment of Wheeler, J., in suit K/46/1970 delivered in the Kano High Court on the 14th of October, 1970.
ISSUES
Whether it was open to a principal (in this case, the respondents) or not, in these circumstances, to plead the Statute of Frauds in a claim against him by a purchaser (in this case, the appellant) pursuant to the sale by the agent on the principals behalf of the said property.
Whether the learned trial Judge was in error in finding that Exhibit 4 did not comply as a memorandum with the requirement of Section 4 of the Statute of Frauds
RATIONES DECIDENDI
POSITION OF AN AUCTIONEER AS AN AGENT
“It is well established that an auctioneer is by virtue of his employment the agent of both the vendor and the purchaser in a sale by auction the requirements of the statute regarding the identification of the parties to the sale have been fulfilled by the receipt.” I. LEWIS, JSC.
INTERPRETING MEMORANDUM REQUIRED UNDER THE STATUTE OF FRAUDS
“There need not be a specific or express reference from one document to the other document in order to constitute a memorandum required under the Statute of Frauds as is sufficient if by necessary implication there should be reference from one to the other.” I. LEWIS, JSC.
CASES CITED
Burgess v. Cox (1951) Ch. 383
Timmins v. Moreland Street Property Co. Ltd. (1958) Ch. 110
Peirce v. Corf LR. 9 QB. 210
Jarret v. Hunter (1886) 34 Ch D 182
Phillips v. Butler (1945) Ch. 358
Basma v. Weekes (1950) AC 441
Shardlow v. Cotterell (1881) 20 Ch. D. 90
Auerback v. Nelson (1919) 2 Ch. 383
Studds v. Watson (1885) 28 Ch D 305
Rishton v. Whatmore (1878) 8 Ch. D. 467
Freeman v. Freeman (1891) 7 TLR. 431
Pearce v. Gardner (1897) 1 QB 688
Fowler v. Bratt (1950) 2 KB 96
Long v. Millar (1879) 4 CPD 450
Stokes v. Whicher (1920) 1 Ch. 411, 418.
STATUTES REFERRED TO
Sale of Goods Act, 1893
Law of Property Act, 1925
Statute of Frauds, the Sales by Auction Law and the Infants Relief Act, 1874
Auctioneers Law
Land Tenure Law
