Ratio DecidendiRatio Decidendi



MOBIL OIL (NIGERIA) LTD.
V.
COKER

(1975) JELR 45212 (SC)    

Supreme Court  ·  SC.371/1973 ·  27 Mar 1975 ·  Nigeria
 · 
Other Citations
MOBIL OIL (NIG) LTD. v. COKER (1975) 3 S.C. (REPRINT) 124
CORAM
GEORGE B. A. COKER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
respondent
plaintiff
appeal
western state court of appeal
privy council
total failure of consideration
deed of lease
f. moukarim
learned trial judge
register of deeds
27th march
grounds of appeal
mistake of law
decision of the federal supreme court
declaration of title
federal supreme court
statement of defence
united africa company of nigeria limited
advance payment
decision of the western state court of appeal
favour of the appellant
following passage
high court
learned judge
sub-lease
suit no. fsc
above facts
balogun ibikunle family of ibadan
conclusion of law
course of a trial
decision of the high court
faweze moukarim
federal supreme court judgment
following terms
high court of the ibadan judicial division
ibadan high court
leading judgment
owner of lease hold interest
piece of land
plaintiff claims
respect of the lease of a piece
respondents appeal
said lease
such failure of consideration
supreme court of nigeria
trial of this action

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): Before the High Court of the Ibadan Judicial division in suit I/80/68, the plaintiff/appellant's writ was indorsed against the defendant/respondent in the following terms:-

"The plaintiff's claim against the defendant is for the refund of the sum of 6,500 (Six Thousand, Five Hundred Pounds) being money paid by the plaintiff to the defendant in respect of the lease of a piece of land at Ibadan and in respect of which said piece of land the Privy Council in 1964, on appeal from the Supreme Court of Nigeria, refused to grant declaration of title to the defendant. The plaintiff claims that there has been a total failure of consideration."

The small parcel of land in dispute in this case, with an area of some 846.53 square yards is situated at the junction of Oke Padre and Onireke Street, in Ibadan. The land appears to have had a chequered history.

The evidence produced at the trial of this action shows that the appellant was using t…

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