BALOGUN V. SALAMI & ORS.

• Pages: 101-108

BALOGUN V. SALAMI & ORS.

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101

One further point must be mentioned, there has been no argument adduced

before us on the claim by the appellant Company for interest on the £2,000. The

claim is one based on the bond and on the facts appearing in the case on appeal,

particularly that relating to the 1st respondent's failure to pay the money to the Corn-

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pany being occasioned by the failure of the middlemen to supply him with pro-

duce. I am not inclined to make any order as to payment of interest. The order I

make in this appeal is that:-

(i)

The appeal is allowed as between the appellant and the 1st respondent and

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Judgment is entered for the appellant in the sum of £2,000 with costs in the

Court below assessed at £79:11 s:Od and in this Court at £46 in favour of the

appellant.

(ii)

The appeal fails as between the appellant and the 2nd respondent. The

order of non-suit made by the Learned Trial Judge is affirmed. No order

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is made as to costs in the Court below and the 2nd respondent is entitled to

his costs in this Court assessed as 25 guineas.

BRETT, F.J.:

I concur.

COKER, F.J.:

I concur.

Appeal allowed against 1st

respondent.

Appeal dismissed against 2nd

respondent.

BALOGUN V. SALAMI & ORS.

30

RAZAQ ADEMOLA BALOGUN

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APPELLANT

V

1.

SAMINU SALAMI

2.

RALIATU ABEKE

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3. GANIYU LASISI(By his next friend,

AMUSA ADISA)

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RESPONDENTS

SUIT NO.FSC 366/1961

FEDERAL SUPREME COURT

BRETT,

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F.J.

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TAYLOR,

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F.J.

BAIRAMIAN,

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F.J.

15th March, 1963.

Land Law - Possession - Claim for Legislation - Registration of Titles Act, ss.5,

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8(3), 10, 42(1), 43(2) and (4), 52(i), 53(2) and 54 - Real property - Area to

which the Act applies - Title of subsequent registered owner, being a purchaser

for value - Claim that the land is family land, or that a person has an

interest under native law and custom.

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25

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Legislation

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Statutes - Interpretation - Previous state of the law - Mischief and

remedy provided therefor.