MADAM B. O. SHOBOGUN V. RAIMI SANNI & ANOR
August 9, 2025MRS BEATRICE ANTHONY V. OBI ONYEBASHI & ORS
August 11, 2025Legalpedia Citation: (1974-11) Legalpedia (SC) 82111
In the Supreme Court of Nigeria
Fri Nov 8, 1974
Suit Number: SC 225/1972
CORAM
OLUFUNLOLA OYELOLA ADEKEYE, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
PARTIES
FAR EAST MERCANTILE CO. LTD
APPELLANTS
JACKIE PHILLIPS PHOTOS LTD
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE-EXECUTION OF JUDGEMENT
SUMMARY OF FACTS
The Appellant is a judgment creditor to Jackie Philips in a personal capacity in a previous suit and when they executed the judgement credit by a writ of fieri facias, they took property belonging to the Respondent Company and the Respondent instituted an action for damages. Judgement was delivered in favour of the respondent, hence this appeal.
HELD
The Supreme Court held that the learned trial Judge erred when he presumed that the onus was on the defendants to prove that the plaintiffs are not the owners of the attached goods but that no miscarriage of justice has been occasioned as a result of this particular error. The appeal failed on the substantive issue and was dismissed. The amount for damages was amended from £6,432:15:0d to £432:15:0d (N865.50
ISSUES
Whether the trial Judge erred in law in applying the provisions of Section 145 of the Evidence Act Cap. 62 as he did, without in any way averting his mind to the peculiar circumstances of the case before him.
RATIONES DECIDENDI
BURDEN OF PROOF IN CIVIL MATTERS
“the burden lay squarely on the plaintiffs to prove that they are the owners of the goods which they claim were unlawfully attached by the defendants, since ostensibly they were in the possession of Jackie Phillips” – Per D. Ibekwe, JSC
LIABILITIES OF A BAILIFF WHEN A WRIT OF FIFA IS ISSUED
“under a writ of fieri facias the bailiff or any other officer of the court is permitted only to seize the goods of the judgment debtor, and that if he seizes any goods of a third party, he does so at his peril. Under the common law rule, a Sheriff who seizes and sells goods not belonging to the judgment debtor makes himself liable in conversion to the true owner. The Sheriffs liability under the common law seems to be absolute; it operates, unless, and until it is modified by statute.”- Per D. Ibekwe, JSC
CASES CITED
Not Available
STATUTES REFERRED TO
1. Order II, rule 29(2) of The Judgment (Enforcement) Rules made under Section 94 of the Sheriffs and Civil Process Act Cap. 189, p.2309, Laws of the Federation of Nigeria and Lagos.
2. Section 145 of the Evidence Act. Cap. 62,
