ALHAJI UMAR MUSA YAR’ADUA 7 ANOR V ALHAJI ATIKU ABUBAKAR & ORS
May 28, 2025GENERAL MUHAMMADU BUHARI V INDEPENDENT NATIONAL ELECTORAL COMMISSION
May 28, 2025Legalpedia Citation: (2008-12) Legalpedia (SC) 11211
In the Supreme Court of Nigeria
Fri Dec 12, 2008
Suit Number: SC.229/2002
CORAM
DAHIRU MUSDAPHER, JSC JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER, JSC JUSTICE, SUPREME COURT
IKECHI FRANCIS OGBUAGU, JSC,JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER, JSC JUSTICE, SUPREME COURT
GEORGE ADESOLA OCUNTADE, JSC (Lead Judgment) JUSTICE, SUPREME COURT
IKECHI FRANCIS OGBUAGU, JSC,JUSTICE, SUPREME COURT
PIUS OLAYIWOEA ADEREMI, JSC, JUSTICE, SUPREME COURT.
DAHIRU MUSDAPHER, JSC JUSTICE, SUPREME COURT
IKECHI FRANCIS OGBUAGU, JSC,JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER, JSC JUSTICE, SUPREME COURT
IKECHI FRANCIS OGBUAGU, JSC,JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER, JSC JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER, JSC JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER, JSC JUSTICE, SUPREME COURT
PARTIES
MRS. T. C. CHUKWUMA APPELLANTS
MR. BABAWALE IFELOYE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant obtained a certificate of occupancy over the land in dispute. She entered into negotiations with the respondent when the latter trespassed into the land. The negotiation did not succeed which resulted in this action
HELD
The court held that the Respondent’s negotiations with the Appellant without more, is not sufficient to estop the appellant from asserting her rights arising from the Respondent’s trespass on her parcel of land and allowed the appeal.
ISSUES
1. Whether [the Respondent’s] negotiations [with the Appellant] without more, is sufficient to estop the appellant from asserting her rights arising from the Respondent’s trespass on her [the appellant’s] parcel of land.2. Whether the finding by (the court below) that the appellant allowed the Respondent to continue with the construction exercise on the appellant’s parcel of land (the subject matter of this action) could be supported or substantiated by the evidence presented before the trial court.3. Whether the court below was justified in its finding that the appellant is not entitled to damages or injunction in the light of the trial court’s finding that the Respondent wrongfully entered and remained on the appellant’s parcel of land.
RATIONES DECIDENDI
NATURE OF ESTOPPEL BY CONDUCT
Where one by his words or conduct willfully causes another to believe the existence of certain state of things and induces him to act on the belief so as to alter his own previous position, the former is precluded from asserting against the later, a different state of things as existing at the same time– Ogbuagu J.S.C.
WHETHER NEGOTIATION CONSTITUTES A CONTRACT
Negotiation is negotiation and in any form, it is governed by the principles in the law of contract. In other words, to be a valid contract, there must be an offer and acceptance and in addition, consideration. So, negotiation, cannot and does not on its own, in my respectful view, constitute a contract- Ogbuagu J.S.C.
CASES CITED
1. Combe v. Combe (1951) 1 All E.R. 767 at 769- 770;2. Joe lga & 3 ors. v. Chief Ezekiel Amakiri & 3 ors. (1976) 11S.C. 1 at 12 – 13; (1976) 11 S.C. (Reprint) 1 at 9-10;3. Gregory Ude v. Clement Nwara & anor. (1993) 2 NWLR (Pt.278) 638 at 662-663; (1993) 2 SCNJ. 47;4. Oyerogba & anor. v. Olaopa (1998) 13 NWLR (Pt.583) 509 at 519; (1998) 12 SCNJ. 115 at 1235. Humphrey N. Ude v. Herding Ofuji (1998) 10 SCNJ. 75 at 826. Chief Nsirim v. Nsirim (2002) 5 NWLR (Pt. 755) 697 at 714-715; (2002) 2 SCNJ. 46 at 697. Foreign Finance Corporation v. Lagos State Development & Property Corporation & 2 ors. (1991) 5 SCNJ. 52 at 75, (2003) 8 SCM, 181.
STATUTES REFERRED TO
NONE
