FREDERICK OLUYOLE BAMGBOYE VS ABEKE OLUSOGA
July 4, 2025MIDFORD EDOSOMWAN VS KENNETH OGBEYFUN
July 4, 2025Legalpedia Citation: (1996) Legalpedia (SC) 11507
In the Supreme Court of Nigeria
Tue Apr 16, 1996
Suit Number: SC.102/1994
CORAM
MUHAMMADU LAWAL UWAIS, CHIEF JUSTICE, NIGERIA
SALIHU MODIBBO ALFA BELGORE, (Presided), JUSTICE, SUPREME COURT
UWANI MUSA ABBA AJI
PARTIES
1. JOSIAH CORNELIUS LIMITED 2. MASTER MALLEABLE FITTING FOUNDRIES NIGERIA LIMITED3. THE WHEEL BARROWS HAND TRUCKS AND CARTS MANUFACTURING CO. LTD.4. THE ROADMASTER INDUSTRIES (NIGERIA) LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The trial court, on application of the appellant, ordered instalmental payment of the value of the respondent’s share in the companies in dispute. The respondent only complained after collecting the first instalment. ?
HELD
The court held that the trial court had exercised its discretion judicially and judiciously in ordering installmental payment. ?
ISSUES
1. Whether the court below was right in holding that the reasons given by the trial court for arriving at the orders which it made were in law irrelevant and untenable and therefore insufficient to sustain the orders which it made.2. Whether the court below was not in error in law to have interfered with the trial court’s exercise of its discretion in ordering an instalmental payment by the majority shareholder of the total value of the shares of the minority shareholder.
RATIONES DECIDENDI
WHEN AN APPELLATE COURT WILL INTERFERE WITH EXERCISE OF DISCRETION BY A COURT
An appellate court will not, in principle, interfere with the exercise of discretion by the trial court unless that discretion is shown to have been exercised upon wrong principle or that the exercise was tinted by some illegality or substantial irregularity – Kalgo J.S.C
CASES CITED
Anyah v. A.N.N. Ltd. (1992) 6 NWLR (Pt 247) 319; University of Lagos v. Aigoro (1995) 1 NWLR (Pt. 1) 143; Niger Construction Ltd. v. Okugbeni (1987) 4 NWLR (Pt. 67) 787;7-up Bottling Company Ltd. v. Abiola & Sons Ltd. (1995) 3 NWLR (Pt. 381) 257 at 285; University of Lagos v. Olaniyan (1985) 1 NWLR (Pt. 1) 156 Okafor v. Bendel Newspapers Corporation (1991) 7 NWLR (Pt. 206) 651.?
STATUTES REFERRED TO
NONE
