Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1987) JELR 44577 (SC)    

Supreme Court  ·  SC.109/1985 ·  23 Jan 1987 ·  Nigeria
Other Citations
Willoughby v. I.M.B. Ltd. (1987) NWLR (Pt.48) 105 (1987) 1 S.C 137
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
interest of justice
learned trial judge
account no.
john o. ige
john olagoke ige
lagos state
learned judge
trial court
civil proceedings
court of appeal
firm of solicitors
howell jones limited
officials of the defendant
united bank
appellant's case
candide johnson j.
grant of the application
h. a. willoughby
high court of lagos state
howell johnson ltd.
plaintiffs counsel
said h. willoughby
appellants solicitor john o. ige
ascertainable reasons
cargo handling company ltd.
case of the parties
cloak of any rule of court
close of his case
e. e. banigo
howell jones ltd. appellant
issue of recall of witnesses
lagos refre international merchant bank
leading judgment
learned justice of the court of appeal
legal counsel
main thrust of your claim
others side
said amount
said payment
strange case
written law

ESO, JSC (Delivering the Leading Judgment): This is a very strange case with serious hidden undertones. It would be best to state the case of the parties as could be gathered from the pleadings. The appellant, H. A. Willoughby, who was the plaintiff in the trial Court - the High Court of Lagos State (Candide Johnson J., as he then was), claimed that having learnt from a company, known as the Cargo Handling Company Ltd., that a consignment of rice would arrive in the country for a Committee set up by the Federal Government, known as the Presidential Task Force Committee for Rice Affairs, and that if he was interested in purchasing some, he must deposit a sum in the amount of ₦2,249,330.00 into the United Bank for Africa, which had an account for the Respondents in account No. 20011172471, he on 5th July, 1982, made a deposit of this amount into that account. The appellant's case was also that it was he who would give instructions to the Respondents as to the disposal of the amount, whe…

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