judy.legal
Login Register

J. C. Nzelu v. African Continental Bank & Ors

(1974) JELR 33469 (SC)

Supreme Court  •  SC.274/1973  •  29 May 1974  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; UDO UDOMA JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): In this appeal,another unsavoury aspect of the Nigerian civil war is revealed in which resort is made to the court seeking for a relief against one of its unfortunate consequences. The court may appear helpless when in the exercise of its jurisdiction it has to uphold some legal consequence arising out of some transaction which may be morally questionable.

The appeal herein is against the judgment of the High Court of the Benue-Plateau State sitting at Jos, delivered by Bate, S.P.J. (Senior Puisne Judge) in suit No. JD/1/1972, dismissing the Plaintiff's claim in that suit. The relevant writ of summons reads:

"The plaintiff's Claim is

1. Against all the defendants jointly and severally for

(a) The purported sale of the Plaintiff's house or immovable property known as an called No.1 Yola Avenue, Jos, valued at 2,500 (two thousand five hundred pounds) to be declared null and void owing to serious irregularities preceding the purpo…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login