May 18, 2025
Legalpedia Citation: (2012) Legalpedia (SC) 11131 In the Supreme Court of Nigeria Fri Apr 13, 2012 Suit Number: SC.91/1999 CORAM PARTIES JACKIE PHILLIPS APPELLANTS EBA ODAN COMMERCIAL & […]
CORAM
PARTIES
JACKIE PHILLIPS APPELLANTS
EBA ODAN COMMERCIAL & INDUSTRIAL COMPANY LIMITED
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Endorsed on the Writ of Summons at the Registry of the High Court, the appellant/ plaintiff claimed against the Respondent/defendant for an order setting aside the Deed of Assignment in the Registry of Deeds kept at the Lagos State Land Registry. In a reserved judgment, the trial Judge dismissed the appellant’s claim. The appellant appealed to the Court of Appeal in which the appeal was dismissed. Dissatisfied with the decision of the Court of Appeal, the appellant further appealed to the Supreme Court.
HELD
The appeal was dismissed due to lack of merit.?
ISSUES
1. Whether the Court of Appeal erred in failing to hold that the Defendant failed to discharge the burden which lay on it to prove that the plaintiff later changed his mind concerning the original agreement.?
2. Whether the Court below erred in holding that the tape recording exhibit p4 was inadmissible in evidence.?
RATIONES DECIDENDI
A REPLY TO A STATEMENT OF DEFENSE
“A reply is not necessary if its purpose is to deny the allegations in the statement of defense. But where the statement of defense raises new issues of fact not arising from the statement of claim the plaintiff has a duty to deal with the new issues of fact in his reply otherwise the facts will be deemed admitted by the plaintiff.” Per Nwali Sylvester Ngwuta, JSC
PRINCIPLE WHICH GOVERNS THE FORMULATION OF ISSUES FOR DETERMINATION
“The established principle which governs the formulation of issues for determination is that a number of grounds of appeal could, where appropriate, be formulated into a single issue running through them.” Per Nwali Sylvester Ngwuta, JSC
CASES CITED
Labiyi v. Anretiola (1992) 10 SCNJ 1 at 2Obot v. CBN (1993) 9 SC NJ 268 at 284Spasco v. Alraine (1995) 9 SCNJ 288 at 305 Ishola v. SB Bank (1997) 2 SCNJ 1 at 16
STATUTES REFERRED TO
NONE