AKINOLA ADARAMAJA VS CATHERINE ADARAMAJA
September 5, 2025DIRECTOR OF PUBLIC PROSECUTIONS Vs MICHAEL AKOZOR
September 5, 2025Legalpedia Citation: (1962-04) Legalpedia 78786 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Apr 27, 1962
Suit Number: SC 219/1962
CORAM
ADEMOLA, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
1. ABRAHAM OBED
2. MR. OGUNLOWO
RESPONDENTS
AREA(S) OF LAW
PROPERTY LAW—TENANCY AGREEMENT—GOVERNOR’S CONSENT—APPEAL
SUMMARY OF FACTS
The appellant (Tenant) had sued the defendant (Landlord) for trespass and claiming damages on the grounds that the alleged te-nancy agreement was null and void under s. I l of the Land and Native Rights Act (Chapter 105 of the 1948 edition).
HELD
The appeal succeeds.
ISSUES
Not Available
RATIONES DECIDENDI
IMPORTANCE OF GOVERNOR’S CONSENT
“The Statute at present under consideration says that it shall be unlawful for the occupier to alienate his Right of Occupancy but the Statute does not provide any penalty for breach of the provision, nor would it appear neces-sary in the interest of public policy for an agreement of alienation to be treated as illegal. Public policy can be adequately safeguarded by the Government’s power of revocation and right of re-entry previously mentioned.” Per UNSWORTH F.J.
CASES CITED
1. Delaney v. T. P. Smith Ltd. (1946) 2 All E. R. 283
2. Denning v. Edwardes (1961) A.C. 245
STATUTES REFERRED TO
The Land and Native Rights Act (Chapter 105 of the 1948 edition).
