ALHAJI JIBRIN OKABICHI & ORS VS THE STATE
August 9, 2025FRANCIS UDO EKPEYONG & ORS VS JOHN H. ESSIET & ORS
August 9, 2025Legalpedia Citation: (1975) Legalpedia (SC) 10281
In the Supreme Court of Nigeria
Thu Mar 27, 1975
Suit Number: SC. 371/1973
CORAM
YEKINI OLAYIWOLA ADIO (Read the Leading Judgment), JUSTICE, SUPREME COURT
OGUNDARE, JUSTICE, SUPREME COURT
FATAYI- WILLIAMS, JUSTICE, SUPREME COURT
PARTIES
MOBIL OIL (NIG.) LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claimed against the defendant for the refund of the sum of money paid for the lease of a piece of land at Ibadan in respect of which the Privy Council in 1964refused to grant declaration of title to the defendant. The plaintiff claimed that there has been a total failure of consideration.
HELD
The Supreme Court held that there a total failure of consideration and that the defendant shoul refund the money paid by the appellant.
ISSUES
Whether consideration had totally failed
RATIONES DECIDENDI
EQUITABLE POWER OF COURT TO RELIEVE AGAINST MISTAKES OF LAW
“And in equity, the rule as to irrecoverability is not inflexible there being cases in which the court has power to relieve against mistakes of law, as well as against mistakes in fact that is, where there is any equitable ground which makes it, in the particular case, inequitable that the party who received the money should retain it.” Per A. G. IRIKEFE, JSC
CASES CITED
Ministry Of Health v. Simpson & Ors. (1950) AER p. 1137
STATUTES REFERRED TO
