OTUNBA F. E. SOWEMIMO VS THE STATE
June 11, 2025AIR VIA LIMT V ORIENTAL AIR LINE LIMITED
June 11, 2025Legalpedia Citation: (2004) Legalpedia (SC) 72611
In the Supreme Court of Nigeria
Fri Apr 23, 2004
Suit Number: SC. 11/2000
CORAM
IGNATIUS CHUKWUDI PATS-ACHOLONU, JUSTICE, SUPREME COURT
PARTIES
AUGUSTINE NWAFOR MOJEKWU(By substitution for Caroline Mgbafor O. Mojekwu deceased) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant claimed possession of the property in dispute on the ground that the deceased was not survived by a male child.
HELD
The court held that a female child can inherit property under the Mgbelekeke kola tenancy. ?
ISSUES
1. Did the Court of Appeal formulate an issue by declaring the ‘Oli-ekpe’ Custom of Nnewi repugnant to natural justice equity and good conscience?2. Is it correct that Exhibit 1 is not of much assistance to the plaintiff, and were the step daughters of the respondent not aware of what they did when they signed it but only vouched to the authenticity of the signature of the appellant in that document?
RATIONES DECIDENDI
CASES CITED
1. Udensi V. Mogbo (1976) 10 NSCC 3752. Rufai V. Igbirra Native Authority (1957) NRNLR 178?
STATUTES REFERRED TO
None
