PORTS AND CARGO HANDLINGS SERVICES COMPANY LIMITED & ORS VS MIGFO NIGERIA LIMITED & ORS

CORAM

ALOMA MARIAM MUKHTAR JUSTICE, SUPREME COURT

FRANCIS FEDODE TABAI JUSTICE, SUPREME COURT

ALOMA MARIAM MUKHTAR JUSTICE, SUPREME COURT

ALOMA MARIAM MUKHTAR JUSTICE, SUPREME COURT

FRANCIS FEDODE TABAI JUSTICE, SUPREME COURT

ALOMA MARIAM MUKHTAR JUSTICE, SUPREME COURT

FRANCIS FEDODE TABAI JUSTICE, SUPREME COURT

ALOMA MARIAM MUKHTAR JUSTICE, SUPREME COURT

FRANCIS FEDODE TABAI JUSTICE, SUPREME COURT

PARTIES

1.PORTS AND CARGO HANDLINGS SERVICES COMPANY LIMITEDS

2.FAX NIGERIA LIMITED

3.MR BABATUNDE OLARENWAJU AFOLABIOTUNBA

4.MICHAEL OLATUNDE OLOWU

APPELLANTS 

MIGFO NIGERIA LIMITED & ORS

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

This is an appeal against the judgment of court of Appeal Lagos Division delivered on 17th December, 2008. By the judgment, the court affirmed the decision of the Federal High Court wherein all the questions were resolves against the defendants (now Appellants).Dissatisfied the Appellants further appeal to this court vide their notice of appeal filed on 18th December 2008.

HELD

APPEAL ALLOWED

ISSUES

1.Whether it is the current position of the law that once a ground of appeal alleges a misdirection or error in law, the appellant must reproduce the passage of the judgment where the misdirection or error occurred and must also give full and substantial particulars of the alleged error or misdirection.?

2.Whether the lower court failed to consider and pronounce on several issues placed before it by the appellant and if so, such failure occasioned a miscarriage of justice?

RATIONES DECIDENDI

SPECIFIC PERFORMANCE

“It is trite that to sue for specific performance is to assume that the contract is still subsisting and to insist that it should be performed” PER SULEIMAN GALADIMA, J.S.C

CIRCUMSTANCES WHERE A GROUND OF APPEAL ALLEGES ERROR IN LAW

“It is no longer the law that once a ground of appeal alleges error in law and /or misdirection the passage of the judgment concerning same must be quoted” PER SULEIMAN GALADIMA, J.S.C

CASES CITED

ILORI V TELLA (2006) 18 NWLR (PT 1011) 267 AT 285FUNDUK ENGINEERING LTD V MC ARTHURB (1995) 4 NWLR (PT 392) 640

STATUTES REFERRED TO

NONE

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