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SAKA ATUYEYE & ORS. V. EMMANUEL O. ASHAMU

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SAKA ATUYEYE & ORS. V. EMMANUEL O. ASHAMU

Legalpedia Citation: (1987-11) Legalpedia (SC) 11451

In the Supreme Court of Nigeria

Fri Nov 20, 1987

Suit Number: SC. 43/1986

CORAM


DAHUNSI OLUGBEMI COKER, JUSTICE, SUPREME COURT

ADOLPHUS GODWIN KARIBI-WHYTE, JUSTICE, SUPREME COURT

ANTHOY NNAEMEZIE ANIAGOLU, JUSTICE, SUPREME COURT

SAIDU KAWU, JUSTICE, SUPREME COURT

CHUKWUDIFU AKUNNE OPUTA, JUSTICE, SUPREME COURT


PARTIES


SAKA ATUEYE

AMUSA SALAKO

SUNMOLA ATUYEYE

MURI AWOYEMI

FASASI SALAKO

APPELLANTS 


EMMANUEL O. ASHAMU

RESPONDENTS 


AREA(S) OF LAW


DEED OF CONTRACT OF SALE

 


SUMMARY OF FACTS

The Court of Appeal set aside the judgment given in favor of the plaintiffs in the High Court of Lagos State, where the trial judge ordered that the deed of contract of sale between Sunmola Atuyeye, Muri Awoyemi and Fasasi Salako on the one part and the defendant, Emmanuel Oyedele Ashamu, on the other part, and another Deed of Rectification between the same parties bearing the same date and registered at the Lands Registry be set aside. The Court of Appeal also made an order of injunction against the defendant. The defendant further appealed to the Supreme Court.

 


HELD


Appeal Dismissed

 


ISSUES


None.

 


RATIONES DECIDENDI


GROUNDS OF APPEAL


“In a civil appeal the general ground that the judgment is against the weight of evidence is permissible. Similarly, in a criminal case appeal, the Court of Appeal Act permits a ground which states that “the verdict should be set aside because it cannot be supported having regard to the evidence.” Per COKER, J.S.C.

 


CASES CITED


Not Available

 


STATUTES REFERRED TO


Not Available

 


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