ALHAJI AWESU ATANDA ADEYEMI V CHIEF SIMON MORONFOLU OLAKUNRI
June 26, 2025OGIUGO V OGIUGO
June 26, 2025Legalpedia Citation: (1999) Legalpedia (SC) 14105
In the Supreme Court of Nigeria
Fri Dec 17, 1999
Suit Number: SC. 227/1993
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
NASIR, JUSTICE COURT OF APPEAL
UCHE OMO
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
1. NIGERIAN BANK FOR COMMERCE AND INDUSTRY2. FRANCIS OLUBAMIJI AREMU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents claimed against the appellants for an order nullifying the purported appointment of the 2nd defendant as the Receiver/Manager of the plaintiff, an order declaring that the receipt and retention of the sum of N1.3m belonging to the plaintiff by the 1st defendant is wrongful, N2,275,000.00 as special damages, and N125,000.00 as general damages
HELD
APPEAL ALLOWED
ISSUES
None.
RATIONES DECIDENDI
DISCRETIONARY POWER OF COURT TO AWARD COST
A court has discretion to award costs; the discretion of the court will be fettered and restrained where the parties themselves agree on the amount of costs to be awarded.
CASES CITED
None.
STATUTES REFERRED TO
None.
