DEJI OYENUGA VS INTERNATIONAL COMPUTERS LTD
July 14, 2025HIGHGRADE MARITIME SERVICES LTD. VS FIRST BANK OF NIGERIA LIMITED
July 14, 2025Legalpedia Citation: (1991) Legalpedia (SC) 19313
In the Supreme Court of Nigeria
Fri Jan 18, 1991
Suit Number: SC. 1862/1989
CORAM
MUHAMMAD S. MUNTAKA-COOMASSIE (Lead Judgment), JUSTICE, SUPREME COURT
OBASEKI, JUSTICE SUPREME COURT
MUHAMMADU SAIFULLAH MUNTAKA-COOMASSIE, JUSTICE SUPREME COURT
SALIHU MODIBBO ALFA BELGORE,JUSTICE, SUPREME COURT
PHILIP NNAEKEMA-AGU JUSTICE, SUPREME COURT
PARTIES
F. A. AKINBOBOLA (Trading under the Name and Style of F. A. AKINBOBOLA & SONS) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appeal is against the refusal of the court of appeal to award cost to the appellant who succeeded and the judgment on the refund of a deposit to one of the respondent when it ruled that the lower court had no jurisdiction, when evidently such order was not asked for by parties.
HELD
Appeal allowed
ISSUES
1. Whether court of appeal was right to have ordered the refund of the sum of N100, 000 deposit it was not prayed for?2. Whether the court of appeal was right in not awarding cost to the appellant upon the success of his appeal?
RATIONES DECIDENDI
WHEN A COURT ACTS WITHOUT JURISDICTION
“If a court makes an order which it has no jurisdiction to make, it has jurisdiction to rescind the order so as to restore the status quo”. (Per A.O.OBASEKI, J.S.C.)
WHO SHOULD BE AWARDED COSTS IN AN APPEAL
“Unless there are grounds for depriving a successful party of costs, he should, in the judicial and judicious exercise of the discretion of the court, be awarded costs in the appeal”. (Per A.O.OBASEKI, J.S.C.)
CASES CITED
1. Nneji v. Chukwu (1988) 3 NWLR (Pt.81) 1842. Haco Ltd. v. S.M. Daps Brown (1973) 4.S.C. 149.3. Adenaiya v. Governor-In-Council (1962) 1 All NLR 308; [1962 1 SCNLR 442.4. Obayagbona & Ors. v. Obazee & Ors. (1972) NSCC. (Vol.7) 3835. Ogiamien v. Ogiamien (1967) NMLR 245.
STATUTES REFERRED TO
Court of Appeal Act.
