CORAM
ALI, JUSTICE, SUPREME COURT
*SHEHU USMAN MOHAMMED [He died in a motor accident on Tuesday 9th February 1993 before the judgement
COKER, CHIEF JUSTICE, NIGERIA
PARTIES
1. CHIEF S.O. AGBAREH2. TOSIL HOLDINGS LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 2nd Appellant, took out a suit against the Respondents, but agreed to settle the matter amicably out of court, terms were reached and entered as judgment. In default by the Respondents, the Appellant filed an application for Attachment and/or Garnishee which was granted. An appeal and motion for stay of execution at the Appeal Court which was granted led to this present appeal.
HELD
Appeal allowed. Cross-appeal dismissed
ISSUES
Whether having regards to the Agreement dated 30/11/92 and 1/12/92 between the 2nd Appellant and the 2nd Respondent under which various payments have been made relating to the Traffic Light project and realizing that the two said agreements were the pivot in the Consent Judgment of 1/11/96 between the parties, the Court of Appeal was right in isolating clause 4 of the consent judgment for decision on the ground that the word “Current” therein referred only to the 2nd payment embodied in the said Consent Judgment and that the 2nd Appellant was not entitled to the payment of 35% of N71,169,943.32 being the 3rd C.K payment for the installation of Traffic Lights at Abuja even though Parry Osayande and Parry Blue Chips had been paid by the 2nd Respondent out of the 3rd C.V. payment.
RATIONES DECIDENDI
APPEAL
An Appellate Court can prefer an issue or issues formulated by any of the parties and can, itself and on its own, formulate an issue or issues which in its considered view, is/are germane to and is or are pertinent in the determination of the matter in controversy. Per F.I Ogbuagu JSC
CASES CITED
1. Sabiba v. Yassin (2002) 2 SCNJ. 14 at 242. Ezemba v. Ibeneme & Anor. (2004) 7 SCNJ 136 at 155-156.3. Alhaji Are & Anor. v. Ipaye & Anor. (1986) 3 NWLR (Pt.29) 416 at 418 C.A
STATUTES REFERRED TO
Evidence Act