DR. S. AYO DADA & ORS v. PROFESSOR OLAJIDE

CORAM

PARTIES

1. DR. S. AYO DADA2. DADA ESTATES COMPANY3. TARMAC ESTATES LIMITED APPELLANTS

PROFESSOR OLAJIDE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Respondent as Plaintiff originally commenced the suit against the 1st and 2nd Appellants as Defendants jointly and severally under the undefended list procedure of the High Court of Oyo State, pursuant to the order of the Court. The 3rd Appellant was joined as the 3rd Defendant by the order of Court when the Defendants mentioned him as their principal. The Plaintiff claims against the Defendants jointly and severally the sum of N1, 792,218.00 (One million, Seven Hundred and Ninety Two Thousand, Two Hundred And Eighteen Naira) being money paid by the Plaintiff to the Defendants for the lease of 2(two) plots of land at one Tarmac Estates, Samanda, Ibadan, which consideration has totally failed and which the Defendants have refused to refund despite repeated demand. In course of trial the Respondent led evidence in proof of his case while the Appellants did not lead evidence in support of their pleadings. At the conclusion of the hearing, the trial court entered judgment in favour of the Plaintiff in terms of his claims with interest at the rate of 10% to be paid on the said sum from 1st of January, 1997 till the date of judgment and thereafter 10% on the judgment debt until the debt is liquidated. Dissatisfied with the judgment, the Appellants have appealed to this Court.

HELD

Appeal Dismissed.

ISSUES

?    Whether or not there is sufficient evidence before the lower court to justify its findings on the joint liability of the Defendants/Appellants.?    Whether agents of a disclosed principal are equally liable for the acts of the principal.?    Whether the Plaintiff/Respondent has proved his claim on a balance of probability and whether allegation of crime has been proved beyond reasonable doubt.

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

None

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