AQUA RIVER HOTEL VS UMO-ETUK R. BASSEY
June 25, 2025ALHAJI KARIMU ADISA VS EMMANUEL OYINWOLA & ORS
June 25, 2025Legalpedia Citation: (2000) Legalpedia (SC) 18525
In the Supreme Court of Nigeria
Fri Jun 23, 2000
Suit Number: SC. 219/1994
CORAM
U. MOHAMMED JUSTICE, SUPREME COURT
Amina Adamu Augie
A.O. EJIWUNMI JUSTICE, SUPREME COURT
PARTIES
HAUWA SALAMI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM 1960 FSC 267/1959 [1960] NSCC 12Before the Central Area Court I, Jos, Plateau State Judiciary, the respondent as plaintiff brought the following complaint against the 1st defendant, now the appellant:-I sue Alhaji Bala Muhammed in that I stay in his house for about eighteen years as tenant and I am paying the rentage every month but he later on sold the house to one of the tenants by name Halliru Mustapha without informing us whether we have means to buy the house or not, while the said Halliru Mustapha [ is not reach up] stay there for about 19 years, that is the reason of my complain.
HELD
That no leave of the court was obtained and the matter was struck out.
ISSUES
Whether the grounds of Appeal formulated by the Appellant are competent. ?
RATIONES DECIDENDI
QUESTION RAISED ON APPEAL
Where an issue not canvassed at trial Court is raised for first time on appeal the pre-requisite to do is to obtain the leave of the court.- Per Abubakar Bashir Wali, JSC
CASES CITED
1. Uonika Salonick v. Hoff (1994)2 SCHLR 862. Atoyebi v. Governor of Oyo state (1994)2 SCNJ 2?
STATUTES REFERRED TO
NONE
