MADAM ABUSATU AGBOGUNLERI V JOHN DEPO & 3 ORS
May 30, 2025EDWARD OKWEJIMINOR V G. GBAKEJI & ANOR
May 30, 2025Legalpedia Citation: (2008) Legalpedia (SC) 94913
In the Supreme Court of Nigeria
Fri Jan 25, 2008
Suit Number: SC 426/2001
CORAM
W S N ONNOGHEN JUSTICE, SUPREME COURT
A I KATSINA-ALU JUSTICE, SUPREME COURT
D MUSDAPHER JUSTICE, SUPREME COURT
S A AKINTAN JUSTICE, SUPREME COURT
I T MUHAMMAD JUSTICE, SUPREME COURT
PARTIES
BENJAMIN ONWUGHAMBA EZENWA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant, as plaintiff, claimed against the defendant entitlement to statutory right of occupancy, trespass, injunction and specific performance. The plaintiffs claim was dismissed by the trial High Court. His appeal to the Court of Appeal was also dismissed hence this further appeal to the Supreme Court. ?
HELD
Dismissing the appeal.
ISSUES
1. Whether specific performance of the appellant’s equities cannot be enforced against the 3rd respondent whose ostensible interest over the land is that of a mere volunteer, but is the alleged successor in- title of the 1st respondents;2. Whether on the facts of the case, the appellant was guilty of delay at all or such delay as in the circumstances could deprive the appellant, enforcement of specific performance against the 1st respondent or the 3rd respondent or their successors-in-title;?
RATIONES DECIDENDI
CASES CITED
1. Balogun vs All -Owe (2000) 3 NWLR (Pt.649) 477 2. Ezenwa v. Ekong (1999) 11 NWLR (Pt.625) 55 3. Afrotec Tech. Serv. (Nig) Ltd v. MA & Sons Ltd (2000) 15NWLR (Pt. 692) 730 at 790, (2001) 1 SCM 1 ?
STATUTES REFERRED TO
High Court Rules of Eastern Nigeria, 1963?
