CHIDIAK V. LAGUDA

• Pages: 100-106

CHIDIAK

V

A.K.I. LAGUDA

SUPREME COURT OF NIGERIA

BRETT,



J.S.C.

TAYLOR,



J.S.C.

BAIRAMIAN,



J.S.C.

9th April, 1964

Grounds of Appeal - Misdirection

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50

meaning _ Weight of evidence - specifi

c complaints on findings - Partnership

- Accounts upon dissolution - and payment.

RESPONDENT

SUIT NO. FSC 86/1963

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40

45

Civil Actions - Appeals in Civil Cases



-

APPELLANT

100



NIGERIAN SUPREME COURT CASES

[1964] N.S.C.C.

the 21st July, 1960, for £30 as evidenced by the deed of conveyance; it was sold

to him (respondent) two months later for £350. We need not speculate about the

sale to Atunrase; we are by now familiar with sales made to him by the Oloto fam-

ily in such circumstances: but it is as well to mention that as far back at 1948 Pearse



sold this plot for £44. Again, the appellant says the land was fenced but the re-

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5

spondent denies this. The respondent testifies that he went to the land registry to

make a search and was told there was no previous conveyance covering the area.

This is a strange story; for to say nothing of the earlier conveyances, the appel-

lant's conveyance had been handed in for registration only two months before the



conveyance to Atunrase. It is not possible for the Court to believe the respondent

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10

bought without notice of the appellant's prior equity; he is either untruthful or he

deliberately shut his eyes or was guilty of gross negligence in finding out the facts,

and this is enough to fix him with notice-

Ogunbambi v. Abowaba,

13 W.A.C.A.

222 at p. 225.



Further, since the sale to Pearse in 1911 was an out and out sale of land held

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15

by the Oloto family by native law and custom, no conveyance or written contract

was necessary to effect a valid sale. The payment of the purchase price and the

delivery of possession to Pearse created a valid title by native law and custom-

Ogunbambi v. Abowaba (Supra).



For the foregoing reasons, this appeal is allowed: judgement and Order made

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20

in the Court below are hereby set aside and the following Order is proposed:-

Declaration of title in favour of the plaintiff as per Writ of Summons.

Possession of the land in dispute. £50 damages for trespass.

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Costs in favour of the plaintiff in the Court below assessed at eighty-five

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25

guineas. Costs of this appeal assessed at fifty guineas.

Appeal dismissed: title,

possession, and damages to

plaintiff

30

CHIDIAK V. LAGUDA

35

ISSUES:

1.

What are some of the issues a trial judge should consider in making orders with

regard to accounts and payment on the dissolution of a partnership.

2.

What is the meaning of misdirection, as a ground of appeal in civil cases.