UTIH ETUEDOR & ORS VS JACOB UMURHURHU ONOYIVWE & ORS
July 14, 2025MATTHEW OBAKPOLOR VS THE STATE
July 14, 2025Legalpedia Citation: (1991-01) Legalpedia 89039 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Jan 11, 1991
Suit Number: SC 22/1989
CORAM
M. BELLO, JUSTICE SUPREME COURT
M.L UWAIS, JUSTICE SUPREME COURT
A.G KARIBI-WHYTE, JUSTICE SUPREME COURT
A.B. WALI, JUSSTICE SUPREME COURT
O. OLATAWURA, JUSTICE SUPREME COURT
E.O.I AKPATA, JUSTICE SUPREME COURT
PARTIES
IJEBU-ODE L.G.
APPELLANTS
ADEDEJI BALOGUN
RESPONDENTS
AREA(S) OF LAW
AWARD OF DAMAGES – HOW DONE?
SUMMARY OF FACTS
In an action for breach of contract brought by the respondent, the court found for him but reduced the amount of damages he was entitled to thus leading to an appeal. The court of appeal found for him as per his prayer. The present appeal is brought to challenge amongst other things the jurisdiction of the court of appeal to entertain the appeal which judgment was delivered out of the 3 months time provided for the delivery of judgment and the quantum of damages awarded.
HELD
Appeal Dismissed.
ISSUES
1. Is there any legal basis for the award of N2,552,108 as general damages to the plaintiff/respondent by the Court of Appeal in substitution for the award of N25,000 awarded in that regard by the High Court?
2. Whether or not the judgment delivered in this case by the High Court was a nullity and whether or not it could sustain any appeal to the Court of Appeal
RATIONES DECIDENDI
QUESTION OF JURISDICTION CAN BE RAISED AT ANY STAGE OF THE PROCEEDINGS
“It is well settled that the issue of lack of jurisdiction is one which can be raised at any stage of the proceedings, and indeed even on appeal. This is because where it succeeds, it disposes of the matter in limine without the necessity of further proceedings”. (Per A.G.KARIBI-WHYTE J.S.C.)
UNCONTRADICTED EVIDENCE-HOW TREATED
“Where there is evidence to support a claim, as here, which remains unchallenged or uncontroverted by the other party, the court is bound to accept the evidence in support of the claim”. (Per A.G.KARIBI-WHYTE, J.S.C.)
DAMAGES FOR BREACH OF CONTRACT-HOW CALCULATED
“Hence, the loss sustained by the breach as the unavoidable consequence of the breach was in contemplation of the parties at the time of the contract. Thus the amount of damages to be paid in respect of the breach is the amount it will entail to put the respondent wronged and aggrieved in the position he would have been if there had not been any breach”. (Per A.G.KARIBI-WHYTE, J.S.C.)
CASES CITED
1. Oloba v. Akareja (1988) 7 S.C.(Pt.1) 1;(1988)3 NWLR (Pt.84) 508.
2. Ifezue v. Mbadugha
3. Egbe v. Alhaji (1990)3 S.C.(Pt.I)63;(1990)1 NWLR (Pt.128) 546.
4. Uhunwamgbo v. Okojie (1989) 12 S.C. 142;(1989)5 NWLR (Pt.122) 471
5. Taylor v. Methodist Church (1986) 4 NWLR (pt. 34) 136.
STATUTES REFERRED TO
None.
