K. AKPENE V BARCLAYS BANK OF NIGERIA LTD & ANOR

CORAM

FATAYI-WILLIAMS, CHIEF JUSTICE, NIGERIA

OKAY ACHIKE JUSTICE, SUPREME COURT

OBASEKI, JUSTICE, SUPREME COURT

PARTIES

K. AKPENE

APPELLANTS

BARCLAYS BANK OF NIGERIA LTD

RESPONDENTS

AREA(S) OF LAW

LAND LAW- MORTGAGE-APPEAL-RAISING NEW POINTS ON APPEAL

SUMMARY OF FACTS

The appellant stood surety for his brother who got an overdraft from the respondents. The appellant offered his property as security for the overdraft when the over draft was not paid, the respondent sold the property

HELD

The court held that the transaction between the appellant and the 1st respondent was null , void and of no effect because the governors consent was not obtained and consequently the subsequent sale transaction founded on it cannot stand.

ISSUES

Whether the 1st defendant/appellant did not comply with the provisions of subsection 1 and 3 of Section 3 of the Native Lands Acquisition Law and as such acquired no interest in the land or house of the plaintiff/appellant.

RATIONES DECIDENDI

EXCEPTIONS TO WHERE AN APPELLANT WILL NOT BE ALLOWED TO RAISE ON APPEAL A QUESTION WHICH WAS NOT RAISED BY THE TRIAL COURT

“An appellant will not be allowed to raise on appeal a question which was not raised or tried or considered by the trial court but where the question involves substantial points of law, substantive or procedural, and it is plain that no further evidence could have been adduced which would affect the decision of them, the court will allow the question to be raised and the points taken and prevent an obvious miscarriage of justice.” Per OBASEKI, JSC.