BEN OBI NWABUEZE VS JUSTICE OBI OKOYE
July 17, 2025CHIEF OTOOLA ATANDA AND ORS VS TAIWO AKUNYUN AND ORS
July 17, 2025Legalpedia Citation: (1988-11) Legalpedia 70766 (SC)
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Fri Nov 4, 1988
Suit Number: SC. 204/1987
CORAM
NNAMANI JUSTICE, SUPREME COURT
AGBAJE JUSTICE, SUPREME COURT
ESO JUSTICE, SUPREME COURT
ALEXANDER, JUSTICE COURT OF APPEAL
EMMANUEL OBIOMA OGWUEGBU JUSTICE, SUPREME COURT
PARTIES
AQUA LIMITED
APPELLANTS
ONDO STATE SPORT COUNCIL
RESPONDENTS
AREA(S) OF LAW
RIGHT OF APPEAL – CONTRACT – INTERPRETATION OF STATUTES
SUMMARY OF FACTS
The Plaintiffs claim that a contract was entered into between the plaintiffs and defendant, based on which the defendant owe them money for the construction of Akure stadium swimming pool.
HELD
The court held that the appeal fails and it is accordingly dismissed with costs to the Respondent. The Ruling of the Court of Appeal Ibadan, dated 10th November, 1987 is hereby affirmed.
ISSUES
The only issue for determination is whether the appeal before the lower Court, namely, Appeal No. CA/8/58/87, is competent, that is to say, whether the Court of Appeal has jurisdiction to entertain appeal from final decision of the High Court sitting as Court of first instance on grounds which involve questions of fact or mixed law and fact without leave either of the High Court of Trial or of the Court of Appeal itself.” Whether section 220(1)(a) should be read together with section 221(1) of the Constitution, as argued in the first brief filed by the appellant.
RATIONES DECIDENDI
DUTY OF COURT IN CONSTRUING A STATUTE “
“In construing a statute, it is the duty of the Court to ascertain the meaning of the words actually used by reading them in their ordinary grammatical sense and to give them effect, unless such construction would lead to some absurdity or inconvenience, or would be plainly repugnant to the intention to be collected from other part of the statute.” Wali JSC.
CASES CITED
1. NAFIU RABIU V. THE STATE (1981)2 N.C.L.R. 293
2. FOWELL V. TRAINER 3 H & C 458
3. CALEDONIAN RAILWAY COP. CO. V. N. BRITISH RAILWAY CO. 6 A.C. 114 AT 131
4. THE STATE (SUPRA) AND IRENE HARRIMAN V. HOPE HARRIMAN (1987)3|N.W.L.R. 244 at 254
5. ROSE V. FORD (1937) A.C. 826.
6. COURTAULD V. LEGH (1869) L.R. 4 Exch 126
7. Re NATIONAL SAVINGS BANK (1886) LR1 CH. 547.
STATUTES REFERRED TO
Court of Appeal Act 1976
Court of Appeal Civil Procedure Rules, 1981.
