M.J. EKA-ETEH VS NIGERIAN HOUSING DEVELOPMENT SOCIETY LTD. & ANOR
August 15, 2025ISHOLA AKINLASO VS SUEBATA ILE ONIMAGO
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 21899
In the Supreme Court of Nigeria
Wed May 23, 1973
Suit Number: SC. 246/1972
CORAM
COKER, JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
D.O. ADENEKAN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The case against the appellant/defendant before the Upper Area court was for refund of an amount of money which the respondent gave to him for the purchase for her of a house in Zaria. The Upper Area court at the trial listened to the evidence called by the plaintiff/respondent, and asked the appellant if he had witnesses to support his denial. The defendant denied the charge against him. His denial was not accepted by the trial court and judgment was given against him. He appealed against that judgment to the High Court in its appellate jurisdiction. That court found no merits in his appeal, and it was dismissed. He further appealed to the Supreme Court
HELD
The court held that the grounds of appeal canvassed was entirely devoid of any merits and that the appeal must fail. The appeal was dismissed
ISSUES
Whether the court had jurisdiction to try the suit
RATIONES DECIDENDI
JURISDICTION OF UPPER AREA COURT
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CASES CITED
STATUTES REFERRED TO