(1974) JELR 45198 (SC)    

Supreme Court  ·  SC.225/72 ·  8 Nov 1974 ·  Nigeria
Other Citations
(1974) All N.L.R 765
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Core Terms Beta
jackie phillips
learned trial judge
jackie phillips photos ltd.
special damages
viewcards ltd.
judgment debtor
present case
present defendants
trial judge
ample evidence
far east mercantile co. ltd.
favour of the plaintiffs
issue of liability
judgment creditors
wrongful execution
business world
careful review of the evidence
common law rule
decision of the lagos high court
d. o. ibekwe
facts of this case
general damages
good law
items of special damages
jackie ltd.
j.p. investment ltd.
judgment debt
judgment of the learned trial judge
leading judgment
limited liability company
mr. fola sasegbon
particulars of special damages
part of the evidence
possession of the attached goods
reason of order ii
remaining share
respect of the ownership of the goods
trial of the present action
words of jackie phillips

D. O. IBEKWE, J.S.C (Delivering the Leading Judgment): This is an appeal from the decision of the Lagos High Court, Lambo J., as he then was, allowing the plaintiffs' claim for damages for wrongful execution against the defendants.

The facts of this case are interesting. As is sometimes the case in the business world, one Jackie Phillips, who is the principal actor in this case, is reputed to be the founder of the following inter-locking companies:- (1) J.P. Investment Ltd., (2) Jackie Ltd., (3) Viewcards Ltd., and (4) Jackie Phillips Photos Ltd. As a matter of fact, the last-named company, Jackie Phillips Photos Ltd., is virtually owned by him. In the words of Jackie Phillips himself:

"In the Plaintiff/Company I hold 99%, the remaining share is owned by my sister-Lydia Oyedele."

It happened that Jackie Phillips was a defendant in Suit L.D. 123/67 in which the Far East Mercantile Co. Ltd., the present defendants were the plaintiffs. Judgment was given in favour of the plaintiffs in th…

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