CASE TITLE: ALARO v. JIMBA & ORS (2026) LPELR-83495(SC)
JUDGMENT DATE: 6TH MARCH, 2026
PRACTICE AREA: CIVIL PROCEDURE
LEAD JUDGMENT: MOHAMMED BABA IDRIS, J.S.C.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on competence of notice of appeal.
FACTS:
This is an appeal against the judgment of the Court of Appeal, Ilorin, which affirmed the judgment of the High Court of Kwara State.
It was the case of the 1st Respondent that in 1997, the 1st Respondent who acted as guardian ad litem to one Salamat Bola Ibrahim claimed to have purchased an uncompleted four-bedroom bungalow situate at No. 2C, Ogori Road, Adewole Housing Estate, Ilorin, Kwara State, from the 3rd Respondent and that the transaction was evidenced by an agreement. Subsequently, by a Deed of Assignment dated the 4th February, 2006, together with an Affidavit of Assignment dated 6th February, 2006, the 1st Respondent purportedly sold and assigned the said property to the Appellant. Upon becoming aware of the said transaction, the 2nd Respondent, instituted an action before the Upper Area Court I, Ilorin, challenging the sale and asserting ownership over the property. That suit was struck out for want of jurisdiction. Notwithstanding the striking out of the suit, the 2nd Respondent persisted in contesting the sale of the property to the Appellant. Consequently, the Appellant approached the 2nd Respondent and renegotiated the sale of the same property with him. It thus became established that the Appellant had, at different times, purchased the same property from both the 1st and 2nd Respondents.
Sequel to the challenge mounted by the 2nd Respondent at the Upper Area Court, the Appellant reported the matter to the State CID, Police Headquarters, Ilorin. Thereafter, efforts were made by third parties to amicably resolve the dispute. In the course of the attempted settlement, the 1st Respondent was offered two options: either to refund the purchase price paid by the Appellant pending the resolution of the ownership dispute between the 1st and 2nd Respondents, or to deposit his property situate at Nos. 71/73, Oko-Erin Road, opposite Albarka Farms/Oko-Erin Maternity and Dispensary, Oko-Erin, Ilorin, Kwara State, as collateral security for the sum of N2,750,000.00 being the purchase price of the property at No. 2C, Ogori Road, Adewole Housing Estate, Ilorin, Kwara State. The 1st Respondent elected to use the property at Nos. 71/73, Oko-Erin Road as collateral.
Sometimes in January 2009, the 1st Respondent discovered that the Appellant had commenced development on the said collateral property at Nos. 71/73, Oko-Erin Road. Upon inquiry, the Appellant asserted ownership of the property. Aggrieved by this development, the 1st Respondent instituted the instant action before the trial Court. At the conclusion of the trial, the High Court entered judgment in favour of the 1st Respondent, declaring him the rightful owner of the property situate at No. 2C, Ogori Road, Adewole Housing Estate, Ilorin, and nullifying the purported sale of the property situate at Nos. 71/73, Oko-Erin Road, Ilorin, Kwara State.
Dissatisfied with the judgment of the trial Court, the Appellant unsuccessfully appealed to the Court of Appeal. Still aggrieved, Appellant approached the Supreme Court. The 1st Respondent filed a Notice of Preliminary Objection, contending that the notice of appeal is incompetent, the ground therein being of mixed law and fact and having been filed without leave of Court.
ISSUES FOR DETERMINATION:
The Court considered whether the notice of appeal is indeed incompetent.
DECISION/HELD:
In conclusion, the notice of appeal was adjudged incompetent and the appeal was struck out.
RATIOS:
- APPEAL- NOTICE(S) OF APPEAL: Importance of a notice of appeal; effect of a defect in same
- APPEAL- NOTICE(S) OF APPEAL: Whether a defective Notice of Appeal can be cured by amendment
- APPEAL- GROUND(S) OF APPEAL: Whether a ground of appeal is classified simply by the name given to it
- APPEAL- GROUND(S) OF APPEAL: Guiding principles in determining whether a ground of appeal is that of law, fact(s) or mixed law and facts
- APPEAL- LEAVE OF COURT/LEAVE TO APPEAL: Whether leave of Court is required to appeal on grounds of fact or mixed law and fact; effect of failure
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