May 19, 2025
Legalpedia Citation: (2011-12) Legalpedia (SC) 60821 In the Supreme Court of Nigeria Fri Dec 16, 2011 Suit Number: SC.350A/2002 CORAM PARTIES MR SEGUN BABATUNDE APPELLANTS BANK OF THE […]
CORAM
PARTIES
MR SEGUN BABATUNDE APPELLANTS
BANK OF THE NORTH LIMITED & ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant at the trial court sued the respondent for the purported sale of his mortgaged property. He won at the trial court but on appeal lost to the respondents. He has further appealed.
HELD
Appeal dismissed.
ISSUES
1. Whether the sale of the appellant’s property by the 2nd respondent to the 3rd respondent on the instructions of the 1st respondent was null and void having failed to comply with the mandatory provisions of the Auctioneers Law cap 10 Laws of the Northern Nigeria as applicable to Kwara state.?
2. Whether having regard to the provisions of the Delegation of Powers (Ministry of Lands, Survey and (Environment) Notice No 8 of 1975 of Kwara State) the approval by the Commissioner for Lands dated 25/10/76 in relation to Exhibit 6 dated 27/10/76 was valid.Whether Exhibit 7 dated the 18th day of September 1978 is null and void and of no effect whatsoever as the consent of the appropriate authority was not obtained before the execution of same?
3. Whether having regard to the Deed of Legal Mortgage (Exhibit 1) executed between the appellant and the United Bank for Africa Ltd, the sale of the appellant’s property by the 1st and 2nd respondents was valid.?
RATIONES DECIDENDI
A COURT MUST RESPECT THE SANCTITY OF CONTRACT BY PARTIES.
“A court of law must always respect the sanctity of the agreements reached by parties. It must not make a contract for them or rewrite the one they have already made themselves” PER ADEKEYE JSC
PARTIES ARE BOUND BY THEIR CONTRACT.
“Written contract agreement freely entered into by the parties is binding on them. A court of law is equally bound by the terms of any written contract entered into by the parties.” PER ADEKEYE JSC
ALLEGATION OF FRAUD IN CIVIL CASES; HOW PROVED
“Under Nigeria Law of Evidence – any allegation of fraud must be proved beyond reasonable doubt” PER ADEKEYE JSC
CASES CITED
Dalek v. OMPADEC (2007) 7 NWLR (pt. 1033) 402Nneji v. Zakhem Con [2006]12 NWLR (pt. 994) 297ACB ltd v. Ihekwoaba [2003] 16 NWLR (pt. 846) 249
STATUTES REFERRED TO
None
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