Ratio Decidendi


(1978) JELR 45240 (SC)    

Supreme Court  ·  SC.113/1975 ·  31 Mar 1978 ·  Nigeria
Other Citations
(1978) All N.L.R 92 Majekodunmi v. N.B.N (1978) 3 S.C. 82
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
exhibit d
learned trial judge
exhibit e
new court road
consent of the ibadan city council
consent of the ibadan district council
draft deed of assignment
former western state court of appeal
letter exhibit d
plaintiffs claim
said sum
statement of claim
west african drug company limited
15th march
absolute assignment
a. fatayi-williams
characteristic candour
considered view
deed of lease
deed of surrender
defendants of his leasehold property
exhibit l.the contents of exhibit l
following terms
high court of the former western state
ibadan provisional district council
late chief adebiyi majekodunmi
leading judgment
lease of a piece of land
legal position
legal practitioner
main issue
national bank of nigeria ltd.
no. law
oral evidence
payment of the balance of the assignment money
payment of the rent
short point
similar reasons
unexpired term
virtue of a deed of sub-lease
written document

A. FATAYI-WILLIAMS, JSC (Delivering the Leading Judgment): The late Chief Adebiyi Majekodunmi, as plaintiff, claimed against the National Bank of Nigeria Ltd. in the High Court of the former Western State at Ibadan the sum of 9, 680 (N19, 360) whereof the sum of 8,000 (N16,000) was claimed as balance due to him for the assignment by him to the defendants of his leasehold property at New Court Road, Ibadan. The property was at all material times occupied by the West African Drug Company Limited. The balance of 1,680 (N3,360) was claimed as 10% compound interest on the said sum of 38,000 (N16,000) from April, 1969 to April, 1971 the month before he commenced proceedings.

The late Chief Majekodunmi was a legal practitioner in his life time. The defendants are bankers. By a deed of lease dated 1st November, 1957, the Ibadan Provisional District Council granted to the plaintiff the lease of a piece of land situated along New Court Road, Ibadan, for a term of 99 years from 1st January, 1948…

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