- Peters v. Jackson
- ₦ 200
Peters v. Jackson
ANIEDI UDOFIA JACKSON
COURT OF APPEAL
( CALABAR DIVISION )
D. ONYEJIFE EDOZIE, JCA ( Presided and Read the Lead Judgment )
OKWUCHUKWU OPENE, JCA
SIMEON OSUJI EKPE, JCA
26TH JUNE, 2001
APPEAL - Issues for determination - Need for to be hinged on grounds of
appeal - Need for grounds of appeal to relate to decision appealed against
APPEAL - Need for to be premised on a decision of lower court appealed
against - Whether there can be appeal against what had not been decided against
- Appellate court - When retrial order will be made thereby
EVIDENCE - Affidavit evidence - Conflicts therein - Whether authentic
documentary evidence can be called to resolve same
EVIDENCE - Affidavit evidence - Conflicts therein - Whether oral
evidence can be called to resolve same
PRACTICE AND PROCEDURE - Originating summons instituting actions
thereby - When appropriate - When inappropriate
Whether it was competent for the court below to wade suo motu into the domestic province of
adequacy of consideration especially as the contract was under seal.
Whether the findings of the court below that only the
sum of N600,000 was paid by the appellant to the respondent was justified.
herein filed action at the High Court of Cross River State, sitting in Calabar
claiming declaratory reliefs, damages and injunction against the respondent.
The suit commenced by originating summons sought for the determination of the
court the following question: whether it is lawful for the defendant after
assigning the totality of his interest in the property by a valid deed of
assignment and for valuable consideration to the plaintiff to keep on
exercising ownership rights over the same property, the subjectmatter of the
assignment and the consequences of such action in the circumstances.
filed an affidavit of 15 paragraphs with six exhibits while the respondent
filed a counter-affidavit of 23
paragraphs with three exhibits. The appellant also filed a
further-affidavit of 12 paragraphs with seven exhibits while the respondent
also filed a further and better affidavit of 9 paragraphs thereto. Neither
parties called oral evidence in support
of all their averments in the various affidavits.
After the conclusion of counsel
addresses, the learned trial Judge, dismissed all the claims of the appellant.
The appellant being dissatisfied with the said decision has filed this appeal.