MARION OBIMONURE VS OJUMOOLA ERINOSHO AND ANOR
September 1, 2025DR ESIN A. ESIN VS MATZEN Y. TIMM ( NIGERIA) LTD
September 1, 2025Legalpedia Citation: (1966-10) Legalpedia 91605 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Sat Oct 22, 1966
Suit Number: SC 258/1965
CORAM
BAIRAMIAN JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
ASSAD SABBAGH & NAMAN SABBAGH
APPELLANTS
BANK OF WEST AFRICA LTD
RESPONDENTS
AREA(S) OF LAW
Judgement- Execution of judgement
SUMMARY OF FACTS
In the Lagos High Court Suit No. 301/62 the Bank obtained judgment for (a) £3,932-11s-3d as the sum due on the defendants’ overdraft account (b) interest at 10 per cent from 30th May, 1962 to 26th March, 1963 (the date of the judgment) and (c) interest at 5 per cent from 27th March, 1963 until the judgment debt is satisfied. In their appeal the defendants objected to Items (a) and (c) only: on (a) they submit that certain transfers from their account were made by the Bank without authority, and on (c) that interest could not have been allowed in law.
HELD
That the Ordinance applies
ISSUES
Whether the Judgments Act, 1838 applies as being a statute of general application in accordance with section 45 of our Interpretation Act
RATIONES DECIDENDI
JUDGMENTS SHOULD BE ENFORCED
‘Nothing should deprive a party as a right he has in law from reaping the fruit of his judgment’ -Per Bairamian, J.S.C
CASES CITED
In re Claget: ex parte Lewis (Weekly Notes for May 5, 1888, p.100
STATUTES REFERRED TO
The English rule 16
Judgments Act, 1838
Sheriffs and Civil Process Ordinance cap. 189 of the 1958 Laws of the Federation
