MAERSK LINE V. ADDIDE INVESTMENT LIMITED
June 18, 2025SOLOMON OGBOH V. THE FEDERAL REPUBLIC OF NIGERIA
June 18, 2025Legalpedia Citation: (2002) Legalpedia (CA) 16961
In the Court of Appeal
Thu Apr 25, 2002
Suit Number: CA/I/97/98
CORAM
RAPHAEL OLUFEMI ROWLAND
PARTIES
DIYA, FATIMILEHIN & CO. APPELLANTS
1. OYEWOLE OGUNTADE2. CHIEF (MRS.) YEWANDE ADEGBITE3. MATHEW AJANI4. J. O. OGUNSOLA RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff/Respondent claimed from the Defendants/Appellants at the Ibadan Judicial Division of the High Court of Oyo State jointly and severally the sum of N239, 400.00, being special and general damages for negligence and trespass on his apartment and premises at No. 38 Dejo Oyelese Street Bodija Estate Ibadan and the sum of N250, 000.00 being general damages for libel and slander in the course of their wrongful and reckless execution of process on his apartment and premises. The 1st Defendant is the owner of the building and premises at No. 25 Dejo Oyesola Street Bodija Ibadan. The 2nd Defendant is a firm of Estate Surveyors and Valuers who manages the 1st Defendant’s said building and premises. The 3rd Defendant is a professional debt collector appointed by the 2nd Defendant who sued the tenants at No. 25 Dejo Oyelese Street at the Customary Court Grade C Mokola, Ibadan, and the 4th Defendant is a bailiff of the said Customary Court who executed the Court Processes on the Plaintiff’s apartment and premises. At the trial the 1st Defendant did not file any defence and was neither present nor represented throughout the trial. The 2nd Defendant filed a defence and was represented at the trial but never tendered any evidence. The 3rd Defendant attended court only for some time and stopped and his counsel sought and obtained leave to withdraw his appearance. The 4th Defendant filed a defence and gave evidence at the trial. At the end of the trial, the court entered judgment against the 2nd Defendant/Appellant only for the total sum of N369, 400.00. Aggrieved by the judgment of the trial court, the Appellant has lodged the instant appeal before this court.
HELD
Appeal Allowed
ISSUES
? Whether the award of N369, 400.00 against the 2nd Defendant was justified on the pleadings and the evidence before the court?? Whether having held that the 1st, 3rd and 4th defendants were not liable, the lower court would properly find the 2nd defendant liable?? Whether the plaintiff’s claim for negligence, trespass and libel and slander could on the facts of this case is maintained?
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
None
