Just Decided Cases

AUGUSTINE NWAFOR MOJEKWU V MRS. THERESA IWUCHUKWU

Legalpedia 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


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