BABATUNDE AJAYI VS TEXACO NIGERIA LIMITED & ORS
July 21, 2025ABEKE ONAFOWOKAN VS THE STATE
July 21, 2025ENGINEERING ENTERPRISE OF NIGER CONTRACTOR CO. OF NIGERIA VS THE ATTORNEY-GENERAL OF KADUNA STATE
Legalpedia Citation: (1987-07) Legalpedia 04399 (SC)
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Fri Jul 10, 1987
Suit Number: SC. 2/1986
CORAM
KAYODE ESO JUSTICE, SUPREME COURT
MOHAMMED BELLO JUSTICE, SUPREME COURT
E. O. AYOOLA JUSTICE, SUPREME COURT
SOWEMIMO, CHIEF JUSTICE NIGERIA
SAIDU KAWU JUSTICE, SUPREME COURT
ADOLPHUS G. KARIBI-WHYT, JUSTICE, SUPREME COURT
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
OPUTA, JUSTICE SUPREME COURT
PARTIES
ENGINEERING ENTERPRISE OF NIGER CONTRACTOR CO. OF NIGERIA
APPELLANTS
THE ATTORNEY-GENERAL OF KADUNA STATE
RESPONDENTS
AREA(S) OF LAW
JUDGMENT- PRACTICE AND PROCEDURE- NOTABLE PPRONOUNCEMENT
SUMMARY OF FACTS
Plaintiff instituted a suit in the High Court of Kaduna State against the defendant for a declaration that the purported revocation of the plaintiff’s right of occupancy No. N.C. 14438 over a piece of land is null and void. After the claim was dismissed, an appeal at the Court of appeal was struck out for want of complete records of appeal, hence this present appeal.
HELD
Allowing the appeal, case remitted to the High Court for hearing de novo.
ISSUES
None.
RATIONES DECIDENDI
NOTABLE PRONOUNCEMENT
In the exercise of its judicial powers a court of law should adhere to constitutionality. It should not condone the commission by a State of a constitutional wrong nor should it be an accessory after the fact to the commission of unconstitutionality. Per Bello CJN
DUTY OF APPELLANT IN FORWARDING RECORDS OF APPEAL
Once an appellant has deposited the money for making up and forwarding the record, he had performed his duty. Per Bello CJN
PRESUMPTION OF VALIDITY OF JUDGEMENT
A judgment of a court of law is presumed to be valid until it is proved by person challenging its validity to be wrong. And this court approaches an appeal on the principle that the appellant must show that the decision was wrong. Per Bello CJN
PRESUMPTION OF VALIDITY OF JUDGEMENT
A judgment of a court of law is presumed to be valid until it is proved by person challenging its validity to be wrong. And this court approaches an appeal on the principle that the appellant must show that the decision was wrong. Per Bello CJN
CASES CITED
Oblamalu v. Nwosu|Uwechia v. Obi|Ajala v. Nigeria General Motors Ltd. FCA/L/58/81, delivered on 1st December, 1981|Odiase v. Agho (1972) 1 All N.L.R. (Part 1) 170 at 176|Agbonmagbe Bank v. C.F.A.O. (1966) 1 All N.L.R. 140 at 143.|Bello v. Attorney-General of Oyo State (1965) 5 N.W.L.R. 828
STATUTES REFERRED TO
Rules of the Supreme Court 1965|Supreme Court Practice 1979 Vol. 1|Court of Appeal Rules 1981|Constitution of the Federal Republic of Nigeria 1979|
