ACTION CONGRESS (AC) & ANOR V INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
June 2, 2025PASTOR J. AKINLOLU AKINDURO V ALHAJI IDRIS ALAYA
June 2, 2025Legalpedia Citation: (2007) Legalpedia (SC) 11650
In the Supreme Court of Nigeria
Fri Jun 29, 2007
Suit Number: SC.213/2000
CORAM
ALOMA MARYAM MUKTAR, JUSTICE, SUPREME COURT
CHRISTOPHER M. CHUKWUMA-ENEH, JSC (Lead Judgment), JUSTICE, SUPREME COURT.
PARTIES
CHIEF D.S. YARO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant sued the respondent. He asked for two declaratory reliefs and one for special and general damages of N500.000.00.
HELD
APPEAL ALLOWED
ISSUES
1. Whether the Court below was not in error when it affirmed the trial Court’s decision that there was no complete agreement of the sale of the disputed property to the Appellant.2. Whether the court below did not misdirect itself when in effect it held that there could not have been a valid sale of the property to the Appellant because the 1st Respondent had offered the property for sale to INCAR NIGERIA LIMITED and because the Appellant knew that until he paid the balance, of N500, 000.00 to the 2nd Respondent, he could not have a valid transaction on the property.3. Whether the Court below was not in error by affirming the award of N100, 000.00 made in favour of the 2nd Respondent as general damages.
RATIONES DECIDENDI
LEAVE TO APPEAL IS COMPULSORY FOR GROUNDS OF MIXED LAW AND FACT
“This court has the responsibility to ensure that the grounds of appeal in respect of the matters before it fall within its constitutional competence. In this regard, therefore, a ground of appeal is not let off the hook simply because it is tagged an error in law. This court must be satisfied it is so. The consequence for not seeking leave where a ground of appeal is of mixed law and fact is fatal to the ground” PER CHUKWUMA- ENEH, J.S.C
MEANING OF PRELIMINARY OBJECTION
“The whole essence of preliminary objection is to foreclose hearing the appeal and like questions of jurisdiction it is always best to take it first as it could result in saving valuable time” PER CHUKWUMA- ENEH, J.S.C
CASES CITED
A.C.B. Plc. v. Obmiami Brick & Stone Ltd (1993) 5 NWLR (Pt.294) 399Adimora v. Ajilo (1988) 3 NWLR (Pt. 80)1Adjei v. Dabahka (1930) 1 WACA 63Afrotech Technical Services (Nig.) Ltd. v. M.I.A. & Sons 1 (2000) 12 SC (Pt.1l) 1, (2001) 1 SCM, 1Anaeze v. Anyaso (1997) 5 SCNJ 151Anyawu v. Mbara (1992) 2 NWLR (Pt.243) 386 Arjay Ltd. v. A.M.S. Ltd (2003) 7 NWLR (Pt.820) 577, (2003) 5 SCM, 17Atolagbe v. Shorun (1985) 1 NWLR (Pt. 2) 360Attorney General Kwara State v. Olawale (1993) 1 NWLR (Pt. 272) 649Australian Harwoods Property Ltd. v. Commissioner for RailwaysAwojugbagbe Light Industries v. ChinukweAwoniyi v. AMORC (2000) 6 SC (Pt.1) 103Bank of New South Wales v. O’Cannor (1889) 14 AC 273.Barclays Bank of Nigeria Ltd v. Adamu B. Ashiru & Anor. (1978) 6/7 SC 70PAGE| 45Benmax v. Austin Motor Co. Ltd (1945) All E.R. 326Ediaghenya v. Dumez (Nig) Ltd (1986) 3 NWLR 753Essien v. C.O.P (1996) 5NWLR (Pt.449) 489Evans v. Bartlans (1937) AC 473Exparte Wickens (1898) 1 QB 543;Iragunima v. R.S.H.P.D.A. (2003) 1 NWLR (Pt 834) 427, (2003) 11 SCM, 71Isaac Gaji & Ors v. Emmanuel D. Paye (2003) 5 SCNJ 20, (2003) 7 SCM, 55Jared v. Clements (1903) 1 Ch. 428Kadiri v. Olusaga (1956) 1 FSCKariba v. Green (1992) NWLR (Pt. 230) 426Kreglinger v. New on Patagonia Meat & Cold Storage Co. Ltd (1914) A.C.Mathews v. Good day [1861] 31 L.J. ch.282Mba v. Agu (1999) 9 SC 13Nalsa & Team Associates v. N.N.RC. (1991) 8 NWLR (Pt.212) 652 SCNwadike v. Ibekwe (1987) 4 NWLR (Pt. 67) 718Nwali v. State (1991)3 NWLR (Pt 182) 661O’Kelly v. Trusthouse Forte Plc (1983)3 All E.R. Oduro v. Davis (1952) 14 WACA 46Oghechie v. Onochie (1980) 2 NWLR (Pt.23) 484Ogundiani v. Araba &. Anor (1978) WSCC (vol. 11) 55Ojemen & 4 Ors v. Momodu II. (1983) 3SC 771Okafor v. Nwude (1999) 7 SC (Pt.1) 106Okpala v. Ibeme (1989) 2 NWLR (Pt.102) 208Omo v. Delta State (2000) 7 SC (Pt.11) 1Romame v. Romame (1992) 4 NWLR (Pt. 238) 650S.B. Fashanu v. M.A. Adekoye (1974) 1 ANLR (Pt. 1) 35Universal Vulcanising (Nig) Ltd. v. I.U.T. & T. Company Ltd & Anor. (1992) 11-12 SCNJ 243Usenfowokan v. Idowu & Anor. (1975)] NSCC (vol.1) 175
STATUTES REFERRED TO
NONE
