OKAFOR UMEZE & 7 ORS VS THE STATE
August 15, 2025JOLASIMIM ZARIA VS ALHAJI ABDU SMALL
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 11912
In the Supreme Court of Nigeria
Fri Jun 15, 1973
Suit Number: SC. 202/1972
CORAM
COKER, JUSTICE, SUPREME COURT
BELLO, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
OLADUNNI AKERELE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This case originated in the Upper Area Court. The plaintiff claimed from the present defendant/appellant and another defendant, jointly and severally, a certain amount, as money received from the plaintiff by the defendants for the purchase of salt for the plaintiff. The defendants failed to purchase the salt as agreed and also refused to return the said amount to the plaintiff. The Upper Area Court gave judgment in favor of the plaintiff for the amount claimed. An appeal to the High Court against the decision of the Upper Area Court was dismissed. Still dissatisfied with the decision, the 1st defendant appealed to the Supreme Court.
HELD
The appeal was completely devoid of merit and it was accordingly dismissed with costs assessed at N65.
ISSUES
That the court which granted the defendant/appellant leave to appeal was not properly constituted.
RATIONES DECIDENDI
THE COMPOSITION OF THE HIGH COURT IN ITS ORIGINAL AND APPELLATE JURISDICTION
“It seems to us that a single Judge can preside over the proceedings in the High Court in the exercise of its original jurisdiction; in the exercise of its appellate jurisdiction, however, the court must be constituted of three members, two of whom must be Judges of the High Court and the third a Judge of the Sharia Court of Appeal.” Per FATAYI-WILLIAMS, JSC.
CASES CITED
None
STATUTES REFERRED TO
None
