FRANKLIN O. ATAKE V THE PRESIDENT OF THE FEDERATION & ANOR
July 26, 2025DICKSON AIGHOBAHI VS THE STATE
July 26, 2025Legalpedia Citation: (1982) Legalpedia (SC) 43189
In the Supreme Court of Nigeria
Fri Feb 26, 1982
Suit Number: SC. 10/1981
CORAM
MOHAMMED BELLO, JUSTICE, SUPREME COURT
ANIAGOLU JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
AUGUSTINE NNAMANI, JUSTICE, SUPREME COURT
MOHAMMED BELLO, CHIEF JUSTICE OF NIGERIA
PARTIES
OKPUTU OBIODE & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Defendants broke into and entered the plaintiffs town hall; seized, carried away and converted to their own use furniture goods and chattels of the plaintiffs and set fire on the Plaintiffs town hall lying and situate at Bethany-Ehao village Enhwe.
HELD
The Court held that the appeal fails and I will accordingly dismiss it with costs in favour of the respondents.
ISSUES
1. Whether (assuming that the proceedings were valid) the evidence adduced by the plaintiffs proved the case against the 4th to the 10th defendants as alleged in the statement of claim.
RATIONES DECIDENDI
POINT OF LAW; WHEN RAISED?
“It is indeed a well established principle that point of law not raised in the courts below cannot be argued in this court.” UWAIS, JSC.
REPRESENTATIVE ACTION
“Where there are numerous persons having the same interest in one cause or matter, one or more of such persons may sue or be sued, or may be authorized by the court or a Judge to defend in such cause or matter, on behalf or for the benefit of all persons so interested.” UWAIS, JSC.
CASES CITED
1. Shonekan v Smith, (1964) NMLR 59 at p.63
2. Stool of Abinabina v. Enyimadu, 12 WACA 171 at p.173
STATUTES REFERRED TO
NONE
