CITY PROPERTY DEVELOPMENT LTD V. ATTORNEY-GENERAL, LAGOS STATE.
August 8, 2025ABOLADE AGBOOLA ALADE V. SALAWU JAGUN OLUKADE
August 8, 2025Legalpedia Citation: (1976) Legalpedia (SC) 62151
In the Supreme Court of Nigeria
Fri Jan 30, 1976
Suit Number: SC. 291/1974
CORAM
ALEXANDER, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
BORNU HOLDING & CO. LTD FANTA DIPCHARIMA AHMED TOM DIPCHARIMA FATIMA DIPCHARIMA (By their Guardian and next Friend Ahmed Tom Dipcharima) BINTU DIPCHARIMA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
1st and 2nd respondent as members of a company commenced execution against the judgment debtor/applicant in respect of a particular matter. The judgment/debtor has brought an application before the court to restrain the 1st and 2nd respondent from further levying execution without the consent of the company. However, he proposed that he is ready to pay to the company which they (1st and 2nd respondent) have sued to protect.
HELD
It was held that the judgment debt is liable to be paid to the company since the 1st and 2nd plaintiffs are merely protecting the interest of the company.
ISSUES
Whether or not the judgment debt is liable to be paid to the plaintiff company or 2nd and 3rd plaintiff.
RATIONES DECIDENDI
PAYMENT OF JUDGEMENT DEBT DUE TO COMPANY
judgment debt is payable not to the plaintiffs for their own personal benefit but to the company, as the real purpose of the action by the plaintiffs (who were no more than nominal plaintiffs suing on behalf of the company) was to protect the interests of the company… ALEXANDER, CJN
CASES CITED
Wallersteiner v.Moir (1975) 2 WLR 589
Spokes v. The Grosvenor and West End Railway Terminus Hotel Company, Limited (1897) 2 QB 124
STATUTES REFERRED TO
None
