Ratio Decidendi



LAWAL
V.
FALODE

(1965) JELR 61177 (SC)    
Supreme Court  ·  SC.22/1964; NO. 1/188/62 ·  17 Dec 1965 ·  Nigeria
CORAM
BRETT, JSC. COKER, JSC. IDIGBE, J.J.S.C

Ratio Decidendi

Editorial Summary
The property in dispute was first attached by the High Court and later by the Customary Court. Before the High Court ordered the sale, the property was sold to the appellant on the order of the customary Court. Subsequently, the same property was sold to the respondent on the order of the High Court. The question that arose was concerning which of the competing parties had title to the property. Applying order 4 rule 7 of the Judgment Enforcement Rules, the Federal Supreme Court held that the sale by the Customary Court was null and void and the respondent was the owner of the title.
Core Terms Beta
sale
court
customary court
rule
appeal
civil process law
high court
order of the high court
property
sheriffs
attachment
case
chief williams
contempt of court
customary court order
customary courts law
facts
issue of the writs
notice
section
actual seizure
basis of english decisions
brett
case of an attachment
decision
defence
deputy sheriff
formalities
generality of the wording of this rule
good faith
high court order
immovable property
judgments
laws of western nigeria
leave of the court of the property
officers
order of priority of the respective times
order of the customary court of ibadan no.
order of the high court of western nigeria
payment of the dividends
person
present circumstances
proper law
purpose of the argument
question of the title
reasons
rules
sequence of events
valid attachment
writs

BRETT, JSC: This appeal raises the question of the title to certain immovable property which has ostensibly been sold to the appellant under an order of the Customary Court of Ibadan No. 1 and to the respondent under an order of the High Court of Western Nigeria. The case was argued and determined in the court below entirely on the basis of English decisions but we agree with Chief Williams, who appeared for the appellant, that the proper law to be applied is to be found in the Sheriffs and Civil Process Law (Cap. 116, Laws of Western Nigeria), the Customary Courts Law (Cap. 31) and the subsidiary legislation made under those Laws.

The sequence of events was as follows-

1960 26 September - High Court ordered attachment.

24 October - Sale advertised (later postponed when interpleader proceedings brought).

1961 13 February - Customary Court ordered sale.

18 May - Sale advertised under Customary Court order.

31 May - Sold under Customary Court order.

3 July - Customary Court issued certificate …

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