OJIKUTU V. A.C.B. LTD.

• Pages: 32-36

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NIGERIAN SUPREME COURT CASES [1968] N.S.C.C.

1. The appeals of the first and second plaintiffs in Suit No.

1

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1

18163 (High

Court, lbadan) are hereby dismissed.

2. The appeals of plaintiffs nos. 3-7 in the same case are hereby allowed and

the order rejecting their claims is set aside, it is hereby ordered that the trial

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Judge shall treat the evidence as establishing that they were children of the

deceased, Isiaka Adeyemi.

3. The case is hereby remitted to the High Court, Western State, for Ogunkaye,

J. on the evidence on record only to determine the issues of negligence,

trespass and quantum of damages insofar as the children of the deceased

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are concerned.

4. The parties or their counsel will be at liberty to address the court on the is-

sues set out in paragraph (3) supra.

5. The respondents will pay to the appellants nos. 3 - 7, taking into consider-

ation the costs concerning the first and second plaintiffs who have lost in

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both counts, costs in this court fixed at 23 guineas.

6. The order of the High Court awarding 100 guineas costs to the defendants

is hereby set aside; and it is ordered that:-

(a)

the first and second plaintiffs shall pay 50 guineas to the defendants as

costs in the High Court and

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(b)

the defendants shall pay 100 guineas costs to plaintiffs nos. 3 - 7 as

costs in the High Court„ inclusive of all disbursements.

7. The costs of the further hearing in the High Court shall abide that event.

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OJIKUTU V. A.C.B. LTD.

30

A.F.A.O. OJIKUTU

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APPELLANT

V

AFRICAN CONTINENTAL BANK LTD.

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RESPONDENTS

SUIT NO. SC 401/66

SUPREME COURT OF NIGERIA

COKER,

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J.S.C.

LEWIS,

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J.S.C.

MADARIKAN,

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J.S.C.

2nd February, 1968.

Civil Action - Rule in Smith v. Selwyn not applicable where defendant alleges

fraud by plaintiffs - Judgments - Judgment debt - Rate of interest - Judgments

Act, 1838, s.17.

ISSUES:

1.

On what basis is the Rule in

Smith v. Selwyn

applied.

2.

Whether the Rule in

Smith v. Selwyn

applies where the defendant alleges fraud

by the plaintiff.

3.

Whether in the Lagos High Court the rate of interest on a judgment debt should

be calculated in accordance with s.17 of the Judgments Act, 1838.

FACTS:

The plaintiffs/respondents commenced an action in the Lagos High Court

against the defendant, claiming an amount due to them on a loan they had given

the defendant, plus interest. The trial judge reduced the plaintiffs' claim upon evi-

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