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Oladunmi Akerele v. Jimoh Alapata

(1973) JELR 33879 (SC)

Supreme Court  •  SC.202/1972  •  15 Jun 1973  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): This case originated in the Upper Area Court at Lokoja in the Kwara State. In that court, the plaintiff claimed from the present defendant(appellant and another defendant, jointly and severally, the sum of 932: 16(pounds) as money received from the plaintiff by the defendants for the purchase of salt for the plaintiff. The defendants failed to purchase the salt as agreed and also refused to return the said amount to the plaintiff.

At the hearing on 3rd June, 1969 the plaintiff indicated that he did not wish to proceed with the claim against the second defendant, Gabriel Omosebi. The case then proceeded against the first defendant, i.e. the present appellant.

On 20th August, 1969, the Upper Area Court, after hearing evidence, gave judgment in favour of the plaintiff for the amount claimed.

An appeal to the Ilorin High Court against the decision of the Upper Area Court was dismissed on 19th February, 1971. Still dissatisfied …

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