The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
This is an appeal of the decision of the trial court that found the assignment of the respondent’s debt to the Assets Management Corporation of Nigeria (AMCON) as being illegal, unlawful and negligent in law.
The court determined the first issue: whether the trial court erred in its interpretation of the AMCON Act in relation to assignment of the debt and finding that the assignment was illegal, unlawful and negligent in law. The court held that the provisions relied on in the AMCON Act were clear and its only duty was interpreting the provisions according to their literal meaning not varying them. It was held that the trial court erred in its determination thereof. With respect to the other issues, the court held that the resolution of the first issue disposed the appeal making the other issues irrelevant. Accordingly, the appeal was allowed and the judgment of the trial court was set aside with costs in favour of the appellant.
This case concerns a vast tract of land which belongs to the Oloto Royal Family of Lagos, of whom the appellant is traditional monarch and head of family. The appellant sought to set aside a conveyance on the grounds that the deeds of conveyance were fraudulently executed. The court considered whether reliance on the presumptions raised in ss 123 and 150(1) Evidence Act (the act) was justifiable where the purported vendors did not sign the deeds. The court also considered whether the lower court was correct to have sustained the plea of laches and acquiescence against the appellant.
The court held the claimant bears the burden of proof for ownership of land. Further, in terms of s 150(1) of the act, when any judicial or official act is shown to have been done in a manner substantially regular, it is presumed that there was compliance with the formal requisites. The court held that in considering the doctrine of laches the plaintiffs must also consider acquiescence on the plaintiffs' part and any change of the position that has occurred on the defendant's part.
The court found that the respondents failed to tender the original copy of the conveyance containing the actual signatures of the vendors; therefore, reliance on s 123 and s 150(1) of the act is not justifiable. The court also found that the court of equity would come to the aid of the respondent and hold it unconscionable to uproot the respondent from the land.
Accordingly, the appeal succeeded in part, the court set aside the decision by the lower court that the conveyance documents are valid as per the Evidence Act.
The appellant sought to enforce a retainer agreement which was dismissed in the trial court because it lacked jurisdiction and the matter was pending before the Supreme Court. The Court of Appeal considered whether the case was an abuse of court process.
The court held that an appeal is a continuation of a matter and there must be a complete cause of action. Further, the concept of abuse of court process is fluid and imprecise. Improper use of the judicial process by a party in litigation to interferewith due process of administration of justice.
The court found the action of the appellant, in this case, was not properly instituted and premature therefore an abuse of court process. Further, if the court were to determine the claims of the appellant while the eventual decision of the Supreme Court of appeal is pending, such a decision would have overreached the eventual outcome of the SupremeCourt.
Accordingly, the court dismissed the action.
The appellant challenged the decision of lower court where the respondent as judgement creditor was granted an order for revalidation of the judgement and an order for compliance judgment. On the appeal, the issue was whether the application was time-barred and grounds to grant the appeal.
The court held that money judgments automatically expire after ten years, therefore, the judgment creditor must file revalidation before the expiration of the ten years. Also held that judgements of courts remain valid until set aside by a court of competent jurisdiction.
The court found that the application is not statute barred and that the application had merit. The court ordered that the judgment on 12 March 2001 remained valid and that the respondents to comply with the orders in the judgments.
On the cross-appeal, the issue was whether the judgment of 12 March 2001 is barred by Limitation Law of Bauchi State ss 16(1) and 16(2).
The court held that a judgment of a competent court is valid from the date of delivery until set aside by the court either on the grounds of lack of jurisdiction or court of appeal. Moreso, rules of practice and procedure do not confer jurisdiction to extend the time for enforcement beyond ten years as stipulated in ss 16(1) and (2).
The court found that the lower court did not have statutory authority to extend the time for enforcement after the expiry of ten years.
The court dismissed the appeal.
The appellant, a federal government agency, claimed that the first respondent, in the lower court, sought relief while the matter was still pending in the high court and the jurisdiction was exclusive to the federal high court according to the constitution. The court considered whether the lower court had the jurisdiction for the withdrawal of a building plan that was an executive decision by the appellant.
The court held that s 230(1) of Decree 107 of 1993 (‘the decree’, now s 251 of the constitution) automatically ousted the jurisdiction of the Lagos State High Court. This provision gave the federal high court exclusive jurisdiction in administrative or executive decision by the federal government or its agencies. The court also held that any decision or proceedings emanating from such a court are a nullity.
The court found that the lower court did not have jurisdiction according to s 230(1) of the decree.
Accordingly, the court upheld the appeal.
The appellant claimed that a letter in dispute was not a contract but a proposal which outlined the services the respondent intended to render and the billing details. The court considered whether the statement of claim by the respondent disclosed a reasonable cause of action based on a binding contract. The other issue was whether the costs granted in the lower court were justifiable.
The court held that there must be a cause of action cognizable in law. In that light, an action founded on a contract must disclose the cause of action and court must restrict itself to the averments in the statement of claim. The court also held that costs follow the events and are compensatory in the court's discretion.
The court did not determine the existence of the contract because a valid and enforceable contract is a substantive issue that should be determined at trial. The court also found that since the requisite factual elements were present in the statement of claim, a cause of action existed despite weaknesses and unlikelihood of success of the case. The court also found that the trial court awarded the costs reasonably and by the law.
Accordingly, the court dismissed the appeal.
The court considered whether the court below was correct in finding that the re-allocation of land was valid in law. Furthermore, it considered whether the below court was correct in finding that ownership could not be established, irrespective of a subsisting agreement and whether the court was correct in admitting inadmissible evidence.
The appellants alleged that they were staff of Nigerian Telecommunications Limited (‘NITEL’) purchased flats from NITEL and occupied them with supporting letters to confirm their purchase. They subsequently discovered that a portion of their land had been re-allocated and used as a car park without their consent.
The court found that a party for a declaration of title of land must show the court clearly the area of land to which the claim relates. The court found that the appellants did not prove their title by failing to prove acts of ownership or long possession.
On the issue of ownership, the court considered the five requirements for a contract to be valid, namely, 1) offer, 2) acceptance, 3) consideration, 4) intention to create a legal relationship and 5) capacity to contract. These must co-exist for a contract to be formed in law. It was found that a valid sale agreement had been established, therefore denoting ownership.
The court found that the admission of evidence which was made during the pendency of the suit was inadmissible and should not have been relied upon by the court below.
The court considered whether the second respondent was a public officer as defined under s 2(a) of the Public Officers Protection Act, 2004 (the act) and whether the revocation of the certificate of occupancy can be said to be for an overriding public interest as defined in s 28 of the Land Use Act.
This case concerned an appeal of the judgment of the court below, declining jurisdiction, whereby the appellant claimed ownership of the land.
It was argued that a minister does not fall within the confines of the definition of ‘public officer’ as contended in the act.
The court found that the act applies not only to public officers but also to public officials who hold their respective offices for, or in trust of the public, thus, the minister is a public officer as contemplated in the act. Therefore, a public officer is a member of the public service.
On the second point, the court held that s 28 of the Land Use Act gives the minister the power to revoke a right of occupancy for overriding public interest. Overriding public interest means the requirement of the land by the government of the state or by local government in the state, for public purpose within the state.
The court found that the revocation of the right of occupancy was valid and for overriding public interest.
The court considered whether the evidence led in the court below was properly evaluated. This case concerned whether the court below erred in assessing the weight of evidence accordingly and considered the personal opinion of the judicial officer when adjudicating the matter.
The court found that the evaluation of evidence and the ascription of probative value to such evidence are the primary functions of a trial court, who has the opportunity of seeing, hearing and assessing the witnesses and their respective evidence. Once determining that, the court will evaluate the evidence and justifiably assess the facts.
The court found that the evidence that was led was properly before the court below and that their findings were based purely on the evidence. Thus, the issue of substitution of opinion into evidence was clarified where the appeal court found that the court below applied the law to the proved facts and that cannot be considered to amount to a substitution of opinion.
The court considered whether the court below properly evaluated the evidence, and were they correct in expunging the evidence. Furthermore, it looked at whether the doctrine of waiver had been correctly applied.
This case looked at whether the revocation of the property as well as the sale of the property was null and void.
The court considered s 83(1)(b), 2(a) and (5) of the Evidence Act and found that a wrongly admitted piece of evidence is not a sacrosanct, it is still subject to scrutiny by the appellate court.
The court found that inadmissible evidence ought not to be admitted, even by mistake, and if it is, the appeal court ought to consider the case on the legally admissible evidence and preclude that which is inadmissible.
It is trite that the evaluation of evidence is essentially the function of the trial judge, where the trial judge has unquestionably evaluated the evidence before him and ascribed probative value to it, it is not the business of the appeal court to disturb such findings of fact, unless the findings are perverse.
In considering the doctrine of waiver, it was found that waiver means that the person in whose favour a benefit or right exists, is aware of those rights or benefits, but chooses to freely not take advantage of those rights or benefits. Thus, the doctrine of waiver could not be applied.
The court considered whether money accruing to the state can be subject to a garnishee order and whether the trial court had jurisdiction to entertain the proceedings.
This case concerned an appeal of a garnishee order on the basis that the court below erred in adjudicating upon the matter as a it did not have the requisite jurisdiction.
On the first issue, the court found that money had accrued to the state and thus they were entitled to the garnishee order.
On the second issue, the court the court found that jurisdiction is not exercised at large but must be exercised within the confines of the law. In effect, a court can only be clothed with jurisdiction if and only if it was competently constituted in the proceedings before it.
The factors which determine jurisdiction of a court are 1) the subject matter of the case is within its jurisdiction; 2) there is no feature of the case which prevents the court from exercising jurisdiction and 3) the case comes before the court initiated by due process of law.
Therefore, the court found that the trial court had acted within the confines of their jurisdiction.
Two parties both claimed ownership to land, both believing they were first to cultivate the land. The court considered an appeal from a judgment that held neither the appellants or respondents were entitled to land in dispute. When the matter was appealed, it was remitted back to the trial court. There was a dispute over the lower court’s decision to remit the case to the trial court to consider the evidence.
The court held that the court has no power to grant a party relief that was not pleaded. However, an appellate court has the inherent power to order a retrial or remittance of a case for whatever purposes, even if this was not pleaded. In this case however, the court held that the previous appellate court was wrong to remit the case back because the trial court had already evaluated the evidence.
The court emphasised that the court must not absolve itself of its duty to carefully evaluate evidence and determine a matter on its merits. The burden of proof lies on the person who alleges, and he must lead credible and cogent evidence to support his claim.
The court held that the applicant had not proven their claim to the land and the respondent, who led credible and cogent evidence about the ownership of the land, was entitled to the property in question.
In this case two parties claimed a right to land and had evidence to prove their ownership. The court considered a cross-appeal from a judgment that held neither were entitled to land. The court below relied on a traditional oath and made concurrent findings of fact.
A traditional oath is a statement of fact that is made in writing and sworn to be the truth which are used in customary and Islamic law. The court held that the trial court could not rely on the traditional oath as this was not the only basis upon which the title to land could be determined. Because the court was not exercising jurisdiction over Islamic law, they could not rely on the oath as the basis for determining who owned the land when neither party proves their case.
An appellate court will not ordinarily interfere with the findings of the trial court unless it is shown that that finding was not supported by evidence or reached by the wrong consideration of evidence or incorrect application of legal principles.
Further, appellate courts should not readily set aside the concurrent findings of the courts unless it is clear that such finding, was made on an erroneous or perverse basis. Where there are concurrent findings of facts sufficient evidence on record in support, the court cannot set aside the findings unless the findings are found to be perverse or are not supported by evidence or were reached as a result of wrong application of a principle of law or of procedure.
The court also dismissed the findings of the trial court relating to the concurrent findings.
The court considered an application in a matter that dealt with a judgment that omitted counsel’s name. The court was asked to review and/or vary and/or annulling part of the Judgment to reflect the change. The court had the inherent power to correct a slip in its judgment. However, the slip rule can never be used by a party to seek clarity over a judgment but only correct minor errors.
Where counsel does appear and argue for the appellant, their names should not appear on the judgment. Further, only the names of counsel and not the parties are listed on the judgment. Once a court has delivered its decision on a matter, it ceases to be seized of the cases (functus officio), and it cannot re-open it for any purpose whatsoever except in appropriate and exceptional cases such as when judgment
(a) was obtained by fraud or deceit;
(b) was a nullity;
(c) was given under a mistaken belief that the parties consented to it;
(d) was given in the absence of jurisdiction;
(e) the proceedings adopted was such as to deprive the decision or judgment of the character of a legitimate adjudication; or
(f) was rendered with fundamental irregularity.
A court can however review a judgment to give effect to its meaning, correct clerical errors or accidental slips or omissions.
The court rejected the application to review or vary the judgment because it did not meet the criteria above but permitted the application to delete phrases that it was made in the absence of counsel and deleted reference to parties from appearances.
The court dealt with an application for an extension of time to appeal. The court reiterated the test that must be satisfied for an application for extension of time. The applicant must file an affidavit showing good and substantial reasons for the failure to appeal within time; and propose grounds of appeal that good cause why the appeal should be heard. The court held that the applicant had shown both good and substantial reasons as to why he failed to file appeal with the correct framework and proposed adequate grounds for appeal.
This was an appeal of the decision of a lower court to grant the respondents leave to amend their writ of summons in terms of substituting the 1st to the 12th plaintiffs with their personal representatives and guardians. The writ was taken out in the names of the deceased victims of the fire incident occasioned by the appellant. The appellant, via a notice of preliminary objection challenged the jurisdiction of the court to hear the application having been brought by deceased persons. This preliminary objection was not dealt with by the lower court in its decision.
The court held that the lower court committed a serious error when it did not consider a preliminary objection which challenged the jurisdiction of the court. A court must always establish that it has jurisdiction before it deals with any matter such as the merits of an amendment.
The court further held that the law recognizes two categories of persons who can sue and be sued. They are natural persons with life, mind and brain; and other bodies or institutions having juristic personality.
Accordingly, a dead person ceases to have legal personality and can neither sue nor be sued.
Therefore if the original writ of summons and initiating process are void, the court lacks jurisdiction to entertain or enter judgment in the matter. Based on the above principles, the court upheld the appeal and struct out the claim for want of jurisdiction.
This case concerns the unauthorized sale of company shares the by stock brokers.
The Court of Appeal determined whether the lower court erred in its decision to find the appellants liable for the unauthorized and illegal sale of the respondent’s shares. The court held that evaluating evidence is primarily the role of the trial court and that the appellate court will only interfere where there is clear evidence that the lower court failed to evaluate the evidence properly. The court was not satisfied, however, that such evidence was presented. It therefore confirmed the lower court’s decision.
The court also considered whether the lower court correctly attributed costs. It held that decisions as to costs follow the overall decision and found that, in this case, the lower court’s decision regarding costs was reasonable and in accordance with the law. It, therefore, also dismissed this ground for appeal and the entire appeal.
This appeal case concerns the sale of property. The appellant purchased Block 4BQ which the first respondent claimed is part of Block 1 which she previously purchased. The trial judge nullified the sale of Block 4BQ to the appellant. The appellant filed a counter-claim which was dismissed.
The court of appeal considered whether the lower court was right when it held that the first respondent, not the appellant, was entitled to Block 4BQ. The court held that the terms of the contract must be enforced and found that the evidence clearly implied that Block 4BQ was part of Block 1 which the first respondent purchased and fully paid for. Consequently, the decision of the lower court was confirmed.
The court also determined whether the lower court was right to dismiss the appellant’s counter-claim. The court held that the counter-claimant must establish the counter-claim. In this case, the counter-claimant failed to do so. Consequently, the court confirmed the decision by the trial court to dismiss the counter-claim.
This case concerns a dispute between property owners willing to sell that property and tenants of that property willing to buy it. The parties differ in their interpretation of what constitutes a binding contract.
The court considered whether the letters of expression of interest gave rise to contractual obligations between appellants and respondents. The court held that for the an acceptance of an offer to be valid, that acceptance must conform to the terms of the offer. In this case, none of the appellants satisfied the conditions stated in the letter of expression of interest in purchase of the house. Consequently, the court found that there was no valid acceptance and no valid contract.
The appeal court was also asked to consider whether the trial judge properly considered and evaluated the evidence presented before him. The court held that it is the duty of the trial court to review evidence and that it is not the role of the appellate court to substitute its views for those of the trial court unless the latter failed to consider the totality of the case. In this case, the court of appeal was satisfied that the trial court fully considered the case and, therefore, found no reason to temper with its findings.
The appeal was dismissed.
The appellant and respondent of this case entered into an agreement of service relating to aviation. The respondent as plaintiff before the lower court alleged that the appellant has not paid the amount determined in the contract in full. The trial court ruled in favour of the respondent (as plaintiff).
The court considered whether the trial court had jurisdiction over the matter under s 251 of the Constitution. The court held that the court has jurisdiction over matters relating to aviation. Both parties were engaged in the business of aviation and their dispute arose out of this activity. Consequently, the lower court had jurisdiction.
The court further considered whether the trial court had jurisdiction although the writ of summons did not contain the respondent’s address. Further, the court considered whether the trial court had jurisdiction despite the presence of an arbitration clause in the contract. The court held that the right to complain about irregularities is waived if it is not exercised in due course. It found that the appellant failed to object before the lower court and, therefore, waived the right.
The court was also asked to determine whether the lower court adequately evaluated the evidence presented before it. The court held that the party that files a counter-claim must proof that claim. It found that the appellant in this case did not provide evidence for the claim. Consequently, the court concluded that the lower court adequately evaluated the evidence.
All grounds for appeal were dismissed.
This case concerns liability for damage caused to a vessel.
The court considered whether the trial court had jurisdiction over the second appellant which was only served indirectly. The court held that where a party does not object to any irregularity or invalidity in the service of process on him before
The trial court, he waives his right. In this case the second appellant, then defendant, did not object. Consequently, the court found that the trial court did indeed have jurisdiction.
The second ground of appeal was declared incompetent.
The court also considered whether the trial court had taken into account all evidence. It held that where a trial court unquestionably evaluates the evidence adduced and appraises the facts, it is not the business of the appellate court to substitute it is own view. The court was satisfied that the trial court took all evidence into account, although it was not explicitly referred to in the judgement. Consequently, the court decided against the appellants.
The court finally considered whether the negligence precludes the right to limit liability. It held that the ship master is the alter ego of the vessel on behalf of the owner. Consequently, the owner, together with the other appellants, was held jointly and severally liable.
The appeal was dismissed.
The issue was whether a claimant is allowed by court rules to file witness statements and other documents in reply to a defendant’s defense to a claim.
The dispute emanated from a lower court’s decision to strike out the appellant’s reply to the respondents’ defense. The reply was struck out on the basis that it contained a written statement on oath and documents which was regarded as an amendment of the pleadings.
The appellant was challenging the decision to strike out on the grounds that the court rules impliedly provides for further documents and statements in reply to a defendants’ defense. On the other hand, the respondents opposed the appeal on the ground that the court rules do not provide for a reply to be accompanied with a witness statement and any other document.
In deciding the matter, the court held that order 18 of the High Court rules which deals with a reply to a statement of defense does not require that any document or statement shall be accompany such reply. It further ruled that where the words in a statute are clear and unambiguous, they ought to be accorded their simple grammatical interpretation. The appeal was thus dismissed.
The issue was whether the Corporate Affairs Commission (appellant) has powers to inspect affairs of banks (respondents) without a court order.
The case emanated from decision of the trial judge declining to grant an order directing the respondents to comply with the appellant inspectors.
The appellant argued that the Companies and Allied Matters Act (the act) empowers it to carry out an inspection without the need of a court order. It pointed out that the trial judge erred by holding that the appellant require a court order to investigate the respondents.
The respondents opposed the appeal by pointing out that the appellant can only carry out an inspection on the respondents through a court order and that the appellant had no power to appoint inspectors. They further argued that allowing an inspection by the appellant amount to breach of bank/client confidentiality.
The court ruled that the act allows the appellant to appoint investigators at the instances of company members or through a court order. It held that s 314(1) of the act empowers the appellant to investigate affairs of the banks without the need of a court order. The court ruled that the trial judge erred and the appeal was upheld.
The dispute emanated from an agreement between the appellant and the respondents to clear a debt owed to the appellant by the respondents. The agreement provided for reduction of the debt on the grounds that the respondents pay an initial payment of 500 million and the balance before the exit of Central Bank examiners who had who had come to inspect the appellant bank. After payment of all debt, the appellant required the respondents to pay R5.5 billion alleging that it did not pay the balance as agreed.
The respondents approached the court and an order that parties should maintain status quo until the matter was resolved was granted. The appellant then filed a petition to wind up the respondents which prompted the respondents to approach the court seeking a committal order arguing that the appellant was in contempt of court. This was opposed by a preliminary objection seeking to strike out the committal order. The court granted the objection while pointing out that it had no jurisdiction to decide on the matter.
The appellant appealed the decision to strike out citing lack of jurisdiction of the trial judge and that the judge did not consider all issues raised by appellants and that it should have dismissed not strike out the committal order.
The held that the trial judge correctly dealt with the issue and that since he had no jurisdiction, it was not necessary for him to consider issues regarding the merits of the case and dismissed the appeal.
This was an appeal against a decision of the court allowing an ex parte motion for the winding up of the appellant. The appeal was premised on the ground that the ex parte order was made against other parties who were not parties to the proceedings and were deprived of the right to be heard. The appellant further argued that the ex parte order was made without notice of the motion seeking the said orders being served on them which was regarded as contravening Order 4 of the Companies Winding-up Rules (the rules). The appellant also alleged abuse of court process by the respondent.
The respondent opposed the appeal by pointing out that issues raised by the appellant were substantial issues which cannot be dealt with in a preliminary objection. The respondent further disputed allegations of abuse of court process arguing that they at no point maintained two similar cases against the appellant.
The court held that where an order made by a court affects the interest of a non-party to a suit, the said party whose interest has been affected should complain. It ruled that it was out of place for the appellant to complain on behalf of the other parties. The court further pointed out that Order 4 of the rules does not allow freezing of assets and that the respondent breached Order 4 by filing an ex parte without serving a notice on the appellant. Thus the appeal was upheld.
The issue was whether the state high court has jurisdiction over matters that are governed by the Investment and Security Act (the act). The case emanated from a dispute where the appellant was being sued in the court aqua for defrauding the respondents of units of shares. The appellant had raised a preliminary objection that the trial court lacked jurisdiction over the matter which was dismissed. The appellant thus was challenging the dismissal of the objection.
The appellant argued that the trial judge erred in dismissing its objection on the basis that jurisdiction of the high court is limited and excludes matters that are regulated by the act. The appellant pointed out that disputes around the act should be determined by the Investment and Security Tribunal (the tribunal).
The respondent opposed the appeal on the grounds that the trial judge was correct because the jurisdiction of the high court was unlimited. They argued that the dispute emanates from torts, conspiracy and fraud which fall within jurisdiction of the high court and that the act was unconstitutional.
The court ruled that s 270 of the act establishes the tribunal to resolve disputes that fall under the act. It observed that s 284 of the act give the tribunal exclusive jurisdiction to determine matters regarding capital markets. It held that the dispute revolved around capital market operator (appellant) and its clients (respondents) hence it falls within the exclusive jurisdiction of the tribunal. It concluded that the trial judge erred and the appeal was upheld.
The issue was whether the trial judge’s decision was affected by the lapse of time (19 months) between the adoption of written addresses and the delivery of judgment. The dispute emanated from the dismissal of the respondent as the principal assistant registrar of the appellant college. The respondent successfully challenged the dismissal and the lower court awarded him damages amounting to approximately 1.6 million Naira together with reinstatement.
The appellant challenged the lower court’s ruling on the grounds that due to the time lapse between the hearing of evidence and delivery of judgement the trial judge was not able to make proper judgement. The appellants further argued that the s 294(1) Constitution requires that judgement must be delivered in 3 months.
The court pointed out that section 294(5) of the Constitution also provides that delay in the delivery of judgment does not lead to a judgment being vitiated. The delay must occasion a miscarriage of justice to result in such a conclusion.
In deciding the matter, the court held that the errors made by the trial judge shows that he was no longer in position to properly appraise the evidence. This resulted in the miscarriage of justice and the appeal was upheld.
The issue determined by the courts was whether the appellant was an interested party in the suit and whether the firstand second respondent were owners of the property in dispute.
The dispute emanated from the decision of the lower court to award a certificate of occupancy to the respondents after their original certificate was revoked. When their original certificate of occupancy was revoked the land was allocated to the appellant who had built a shopping mall. The appellant challenged the decision to award the occupancy certificate to the respondents. It argued that the trial court lacked jurisdiction to hear the matter because of non-joinder of all parties whose rights were affected by the court’s decision. The appellant further claimed that their right to fair hearing was infringed.
The respondents argued that the revocation of the original occupancy certificate was null and void because it was in breach of the Land Act. They contended that they could not join the appellants because they did not know of their existence and they were original owners of the land.
In deciding the matter, the court held that the respondents knew of the existence of the appellant and had a legal duty to join the appellant in the suit so that they can be given an opportunity to be heard. It ruled that the court had no jurisdiction to make orders that bind a party who was not given an opportunity to be heard. The appeal was thus upheld.
The appeal was against a garnishee order attaching a sum of approximately N97 million belonging to the appellant granted by the lower court. The appeal was based on the claim that the garnishee order was made without hearing the appellants’ earlier motion for a of stay execution. This, the appellants argued, was a violation of their right to a fair trial.
The respondent raised a preliminary objection that the appellant had no standing because it was judgement debtor, not the garnishee. It further argued that the appellants had not obtained leave to appeal.
The appellants responded by pointing out that they were respondents to the garnishee application, and that the funds that were to be attached belonged to them. Thus, they had locus standi (the standing and right to file this appeal).
The court held that it is only the garnishee that can appeal an order made by the court. It ruled that garnishee proceedings are strictly between the creditor and the garnishee. It found that the appellant lacked locus standi to file the appeal and the appeal was dismissed.
The issue was whether the unilateral withdrawal of a bank guarantee by the appellant amounted to breach of contract.
The appeal emanated from judgement of trial court which found that the withdrawal of a bank guarantee by the appellant
was in breach of contract. The appellant had advanced a bank guarantee to the respondent to guarantee its trading capacity with MTN, a communications company for which it was a distributor. The parties agreed that the contract can only be terminated by giving 60 days’ notice period. The appellant unilaterally terminated the contract.
The respondent successfully challenged the termination in a lower court and was awarded damages amounting to ten million Naira with pre-trial interest. The appellant appealed the decision on the basis that it withdrew the bank guarantee after the respondent breached the agreement. It argued that the respondent’s claim was premised on negligence which had not been proven.
The respondent maintained that the appellant breached the contract by withdrawing the bank guarantee resulting in MTN cancelling its distribution agreement with the respondent. It further argued the delivery of termination was never proved.
The court held there was no evidence to show that the termination notice was delivered to the respondent. It found that the withdrawal of the bank grantee amounted to a breach of contract. The court ruled that it has no power to interfere with damages awarded by the lower court unless special circumstances exist. It found that the ten million award was too excessive warranting it to intervene.
The appeal was dismissed. General damages were reduced from ten million Naira to five million Naira.