VICTOR EZEUGO V. NELSON OHANYERE

CORAM

OGUNDARE, JUSTICE, SUPREME COURT

SIR UDO UDOMA, JUSTICE, SUPREME COURT

ANIAGOLU JUSTICE, SUPREME COURT

PARTIES

VICTOR EMEKOMA UKACHUKWU EZEUGO

APPELLANTS

NELSON COMMANDER IRONA OHANYERE

RESPONDENTS

AREA(S) OF LAW

PROCEDURAL LAW- MISTAKE – MISREPRESENTATION

SUMMARY OF FACTS

In the trial Court, the plaintiff by his Writ of summons and Statement of Claim, claimed an order of the court setting aside a deed of lease embodying the agreement of the plaintiff and defendant as contained in the memorandum to be executed by both parties.

HELD

The Supreme Court held that the trial Judges task was not to discover the intentions of each party; it was to decide what each was reasonably entitled according to the memorandum and to conclude from the attitude of the other.

ISSUES

Whether the appellant can be heard to say that Exhibit D (the deed of lease) is not his Deed and avoid it.

RATIONES DECIDENDI

PLEA OF NON EST FACTUM

“A person raising the plea of non est factum on the ground of mistake as to contents must have taken such precautions as he reasonably could, and must prove that he took reasonable care as well as proving all the other circumstances necessary to found the relief. The mistake must have been induced by a misrepresentation made whether by words or conduct, by some person, other than the executing party raising the plea; the other person need not be a party himself but a self-induced mistake is insufficient. The plea is not available to a person whose mistake was really a mistake as to the legal effect of the document, whether that was his own mistake or that of his adviser.” Per OBASEKI, JSC