BABATUNDE ADEKUNLE V ABIODUN ADELEYE
July 3, 2025JOSEPH IBIDAPO VS LUFTHANSA AIRLINES
July 3, 2025Legalpedia Citation: (1997) Legalpedia (SC) 19519
In the Supreme Court of Nigeria
Fri Apr 4, 1997
Suit Number: SC. 102/1995
CORAM
ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI. JUSTICE, SUPREME COURT
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT
PARTIES
COMEX LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant had sued the respondent claiming various declarations,the judgement was in favour of the appellants. The respondents motion for stay of execution was granted by the court of Appeal. ?
HELD
This appeal, therefore fails and it is hereby dismissed by me. I award N1,000.00 costs of this appeal to the defendant/ respondent. ?
ISSUES
Whether the Appeal is competent ?
RATIONES DECIDENDI
A PERVERSE DECISION CAN RAISE QUESTIONS OTHER THAN OF LAW
Whenever the decision of a court is perverse in the sense that no reasonable tribunal could on the evidence before it have reached such a decision, or that there was no evidence to support the decision reached by the Court, a complaint against such a decision can raise any questions other than questions of law. PER OGUNDARE, JSC
WHEN THE EXERCISE OF DISCRETION IS CHALLENGED BEFORE AN APPELLATE COURT
A discretion is exercised by a Court in the context of certain circumstances placed before that court. If the exercise of that discretion is challenged before an appellate court, that court, in my view, is bound to look at the surrounding circumstances to deter-mine whether the lower court exercised the discretion judiciously or judicially or arbitrarily. PER OGUNDARE, JSC
CASES CITED
Ogbechie v. Onochie (No. 1) (1986) 2 NWLR (Pt. 23) 484; (1986) 3 SC. 54;Ade Coker v. U.BA. Plc. SC.66/1996 , (1997) 2 NWLR (Pt.490) 641).Nwadike v. Ibekwe (1987) 4 NWLR (Pt. 67) 718 at 744-745 O’ kelly v. Trusthouse Forte Plc (1983) 3 ALL E.R. at p. 456.Benmax v. Austin Motor Co. Ltd. (1945) All E.R. 326, at p. 327.?
STATUTES REFERRED TO
NONE ?
