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CaseLaw

Okin V. Okin (2019) CLR 5(K) (SC)

Judgement delivered on May 10th 2019

Brief

  • Partnership
  • Supreme court jurisdiction
  • Issues for determination
  • Section 131 of the Evidence Act 2011
  • Section 132 of the Evidence Act 2011
  • Section 168 (1) Evidence Act, 2011
  • Section 233 (1) of the 1999 Constitution
  • Section 240 of the 1999 Constitution

Facts

The Respondent herein, who was plaintiff at the Federal High Court, Ilorin Division, at paragraph 50 of her statement of claim dated 4th April, 2014 and filed on the 7th April, 2014 claimed against the Appellants jointly and severally the following reliefs:

  • a
    A declaration that the claimant is a co-owner of Kinsey Academy and Kinsey College of Education both in Ilorin and 1st Defendant lacks the vires to appropriate same for himself.
  • b
    A declaration that the claimant is eminently and validly entitled to 50% of the assets of Kinsey Academy and Kinsey College of Education, Ilorin.
  • c
    A declaration that the unilateral takeover of the schools by the 1st Defendant to the exclusion of the claimant is illegal, null and void.
  • d
    A mandatory order of this honourable Court, compelling the 1st defendant, his agents, servants, employees and proxies to render proper account of the financial affairs of Kinsey Academy and Kinsey College of Education to the Court from 1st January, 2011 to date.
  • e
    An order of this honourable Court dissolving the partnership and winding down the affairs of Kinsey Academy and Kinsey College of Education, Ilorin and the liquidation of the assets and liabilities of the schools, and sharing same equally between the claimant and 1st Defendant.
  • f
    An order of perpetual injunction restraining the defendants, their agents, servants and privies from further administering the affairs of Kinsey Academy and Kinsey College of Education, Ilorin.
  • g
    The sum of two million naira (N2,000,000.00) only being general damages for the embarrassment, humiliation, frustration and inconvenience suffered by the claimant in the hands of the defendants."

In their joint forty-six paragraph statement of defence filed on the 4th of June, 2014 the Appellants denied the Respondent's claims. Issues having been joined, the case proceeded to trial. At the end of the trial, Learned Counsel for the parties addressed the Court.

In a reserved and considered judgment, delivered on the 24th of February 2015 Faji J. granted to the Respondent reliefs a - e and g. The learned trial judge refused to grant relief f on the ground that the order sought therein will operate against no one, since the partnership by the grant of relief so (e) remain dissolved. The Appellants were dissatisfied with the decision of the trial Court.

Being aggrieved, they appealed to the Court of Appeal, Ilorin Division. The appeal was heard and in a reserved and considered judgment delivered on the 24th day of March, 2016, the lower Court dismissed the appeal and awarded a cost of N100,000.00 in favour of the Respondent.

Once again, the Appellants are dissatisfied with the decision of the lower Court and went to the Supreme Court.

Issues

  • 1
    Whether the existence of partnership could be inferred between the 1st...

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