Oyeyemi Odejoke & Ors V. John Holt & Co., LTD & Anor (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Appeal from Magistrate’s Court–Clain to set aside sale of house property at Ibadan made under authority of Writ of Court—Sale set aside—Appeal to High Court—Appeal allowed—Judgment of non-suit entered—From. that derision plaintiff.• appeal to West African Court of Appeal.

Facts

A sale of property at Ibadan was made under a Writ of Fieri Facias issued at the instance of John Holt and Co., Ltd., the present 1st respondents. Alabi, the 2nd defendant and the 2nd respondent, was the purchaser. The plaintiffs sought to set aside the sale on the grounds that the property was a family house in which the judgment debtor, a member of that family. held only an undivided interest.

The Magistrate entered judgment for the plaintiffs setting aside the sale. On appeal to the High Court the Judge allowed the appeal, entering a non-suit on the ground that the plaintiffs had established no cause of action for the reason that the only interest which the purchaser, Alabi, had acquired at the sale was the undivided interest of the judgment debtor alone. an interest which was acquired by authority of law.

Held

High Court correct in its decision.

The appeal is dismissed with costs assessed at twenty guineas.