OKEMIAMERAYE EGBARAN & ORS VS IGBAKPAN AKPOTOR & ORS
July 2, 2025CHIEF VICTOR UKWU & ORS VS CHIEF MARK BUNGE
July 2, 2025Legalpedia Citation: (1997) Legalpedia (SC) 71451
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jul 10, 1997
Suit Number: SC.30/1991
CORAM
A.B. WALI
A.I. IGUH
U. MOHAMMED
OBANDE FESTUS OGBUINYA JUSTICE, COURT OF APPEAL
PARTIES
ALHAJI ALARU A. SALAKOSALAMI ORONTIMOSIJDI AINAKEHINDE KASALI(For themselves and on behalf of Owusa family, Iperu Remo) APPELLANTS
CHIEF OLATUNJI DOSUNMU RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
LAW OF EVIDENCE, ORAL EVIDENCE, DOCUMENTARY EVIDENCE, APPEAL (PROERTY LAW, SALE OF LAND, WHEN VOIDABLE, APPEAL)
SUMMARY OF FACTS
The plaintiff/appellant sued defendant/respondent that he is entitled to the Statutory Right of Occupancy of the land in dispute amongst other reliefs. The Trial Court gave judgment in favour of the defendant. Dissatisfied the plaintiff appealed. The Court of Appeal dismissed the appeal. Still dissatisfied he has appealed to this Court.
HELD
The appeal therefore succeeds and is hereby allowed. The judgments of the Court of Appeal and the trial court are hereby set aside together with the orders of costs made therein, and in place thereof judgment is entered in favour of the appellants for the reliefs sought in paragraph 47 (a), (c) and (d) and same are hereby granted
ISSUES
Whether the court below was not in error when it held that the Appellants ought to have obtained the leave of the trial court before instituting this suit. Was there a valid sale of the parcel of land in dispute to the respondent by the accredited members of Owusa Family of Iperu Remo in accordance with the customary law of Iperu Remo? If the answer on Issue I supra is in the negative, what then are the effects of Exhibits F and M?
RATIONES DECIDENDI
CASES CITED
Adegbite v. Lawal 12 WACA 398Amusa Gbadesare v. Aina Edu & Ors. WACA 32 (1995) of 15/2/56Mba Nta & Ors. v. Ede Nwede Anigbo & Ors. (1972) 5 SC 156.Fashanu v. Adekoya ( 1974) 1 All NLR (Pt. 1) 35 at 91Balogun v. Agboola (1974) 10 SC 111 Ebba v. Ogodo (1984) 4 SC 84 at 90 (1984) I SCNLR 372Okolo v. Uzoku (1978) 4 SC 77 at 86Abusomwan v. Merchantile Bank(Nig.) Ltd. (No 2) (1987) 3 NWLR (Pt. 60) 207
STATUTES REFERRED TO
Not Available.|
