Ratio Decidendi



A. ADEBAJE
V.
A. CONDE & OTHERS

(1938) JELR 58709 (SC)    
Supreme Court  ·  13 Jun 1938 ·  Nigeria
CORAM
GRAHAM, PAUL, J.

Ratio Decidendi

Core Terms Beta
auctioneer
defendants
sale
plaintiff
reserve price
second defendant
higher bid
letter
third defendants
first defendant
evidence
price
15th september
auctioneer’s letter
none of the defendants
second defendant’s address
accepted offer of the highest bidder
auctioneer sells
behalf of the second defendant
careful consideration of the evidence
circumstances of the case
claim of damages
condition of the sale
consent judgment
defendants notice of the sale
evidence of the auctioneer
evidence shows
first mention of a reserve price
good faith
highest bidder therefor
judgment of the court of appeal
long letter
ments of defence
order of the defendants
part of that estate
part of the price
plaintiff’s counsel
posters of the sale
present case
printed conditions of sale
rest of the claim
second defendant’s counsel
second defendant’s statement
specific complaint
specific performance
specific performance of an agreement of sale
superior court
third defendants’ counsel
validity of the sale
view of the case

GRAHAM, PAUL, J.: The plaintiff in this suit seeks an order for specific performance of an agreement of sale made on 15th September, 1937, of certain land at Epe Odomola sold by order of the defendants by auction on that date, the plaintiff being the highest bidder therefor at the price of £55 which he duly paid to the auctioneer. The plaintiff also claims damages for trespass and for excluding him from the said land since the 15th October, 1937, and from reaping the fruits.

The defendants are the administrators of their father’s estate and the land in question formed part of that estate. Two state­ments of defence were filed, the first and third defendants joining in one and the second defendant filing his separately.

On the suit coming on for trial the second defendant’s counsel explained that the statement of defence on behalf of the second defendant was wrongly prepared by error of his late solicitor. Paragraphs 1, 2 and 3 of the second defendant’s statement of defence were withdraw…

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