Just Decided Cases

F.A. AKINBOBOLA VS PLISSON FISKO NIGERIA LTD & ORS

Legalpedia 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.


CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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