Bandele Elegbede V Jacob Babalola (1968)

LawGlobal-Hub Lead Judgment Report

MADARIKAN, J.S.C. 

The respondent in this appeal was the plaintiff in the Ilesha Southern Grade ‘B’ Customary Court where he instituted action against the appellant claiming in Suit No. SB. 144/62 “recovery of cocoa farm situated at Araromi on refund of £90 loan to defendant.” In that court, evidence was adduced by and on behalf of the plaintiff to establish that he borrowed £90 from the defendant and that as he was unable to refund it he pawned his cocoa farm, the Area Of Law of this case, to the defendant on the understanding that the defendant would sell the crops and use the proceeds to liquidate the debt. The defendant’s case, on the other hand, was that the plaintiff agreed to sell the farm to him for £225 out of which he had paid sums totalling £205 leaving a balance of £20. Four documents written in Yoruba were admitted in evidence at the trial and their English translations were embodied in the judgment of the Customary Court as follows:

Exhibit A

“As regards terms on the farm which Bandele wishes to buy from me, the agreed price is £200. 25 (explained later as £225). He pays £25 and asks me to come for the balance on 21/12/58 when we shall make a document on the farm. The balance is £200. This is my statement.

(Sgd.) BANDELE ELEGBE

J. B. OGUNFEMI

A. B. ABEGUNDE

Bandele has not paid the amount in full.

The amount he has paid is £25.”

Exhibit B

“Re the bargain on the price of my farm, Baba Laisi given me £50. He gives it to me on 23/12/58. This is correct. I am Bandele Elegbe of Araromi Otokobo.”

Exhibit C

“20/1/59. Bandele gives me £20.

J. B. OGUNFEMI